United States v. Angelo Raynard Vinson

39 F.3d 1190 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Angelo Raynard VINSON, Defendant-Appellant. No. 94-10005. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 5, 1994. Decided Oct. 28, 1994. Before: GOODWIN, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We are asked to determine whether the district court coercively interposed itself between the jurors and their deliberations, prejudicing the defense. We conclude that it did, and we reverse. 1 Facts 3 Appellant Angelo Raynard Vinson was charged with a single count of violating 18 U.S.C. Sec. 2114 , armed postal robbery. Vinson's defense was alibi. The dispositive issue on appeal concerns the conduct of the district judge after the jury had retired for its deliberations, and we focus our discussion accordingly. 4 After three days of testimony and argument, and a four day recess, the court instructed the jury and it retired about…