Parker

MEMORANDUM *

Defendant Richard Wayne Parker appeals his convictions on one count of filing a false income tax return, 26 U.S.C. § 7206 (1); one count of conspiracy to possess cocaine, 21 U.S.C. § 846 ; and three counts of possession with intent to distribute cocaine, 21 U.S.C. § 841 (a). We affirm.

*684 I. The Substitution of Judge Matz

The trial judge who presided over the first trial, Judge Snyder, erred in allowing Judge Matz to preside over part of the jury deliberations. Under Federal Rule of Criminal Procedure 25(a), it is “improper” for a presiding judge who “was not ill or otherwise disabled, but merely had a prior commitment,” to engage a substitute judge, and Judge Matz never certified that he was familiar with the record. United States v. Lane, 708 F.2d 1394, 1396 (9th Cir.1983). However, “procedures that do not strictly comply with Rule 25(a) have been upheld by this court if the defendant has not suffered any prejudice.” Id. at 1396-97 . Defendant argues that he was prejudiced in four ways. None is persuasive; the error was harmless.

A. The Dismissal of Juror Vickers

First, Defendant argues that he was prejudiced by Judge Snyder’s “improper” dismissal of juror…