United States v. Juan Jose Bernabe-Ramirez

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan Jose BERNABE-RAMIREZ, Defendant-Appellant. No. 91-50333. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 31, 1994. Decided Nov. 30, 1994. Before: WIGGINS, KOZINSKI and THOMPSON, Circuit Judges. 1 MEMORANDUM * 2 Bernabe-Ramirez appeals his conviction for kidnaping, 18 U.S.C. Sec. 1201 (a)(5), being an accessory after the fact, 18 U.S.C. Sec. 3 , and committing violent crimes in aid of racketeering activity, 18 U.S.C. Sec. 1959 . We affirm. 3 1. We need not address the alleged violation of Fed.R.Evid. 606(b), because even taking the averments in Juror Parris' affidavit as true, there would be no reason to declare a mistrial. In skimming newspaper headlines, the jurors were carrying out the court's instruction, and the jurors' exposure to newspaper accounts criticizing their prior verdicts increased their vigilance. The bailiff's comment…