United States v. Diana Nevell

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Diana NEVELL, Defendant-Appellee. No. 93-10683. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1994. * Decided July 8, 1994. Before: TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The United States appeals interlocutorily the district court's order granting a new trial for Diana Nevell after a jury convicted her of providing contraband to an inmate at a federal correctional institution in violation of 18 U.S.C. Sec. 1791 (a)(1), (b)(1). The government claims the district court abused its discretion when it determined, following an evidentiary hearing, that the introduction of peanut M & M's into the jury room warranted a new trial. We have jurisdiction under 18 U.S.C. Sec. 3731 , and we affirm. 3 We review for abuse of discretion a district court's order granting a new trial. United States v. Shaffer, 789 F.2d 682, 687…