United States v. Donald Robert Schramm

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Robert SCHRAMM, Defendant-Appellant. No. 94-10292. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Donald Schramm appeals his jury conviction for three counts of willfully failing to file individual income tax returns in violation of 26 U.S.C. § 7203 . We have jurisdiction under 28 U.S.C. § 1291 and review the denial of a motion for new trial for abuse of discretion. United States v. George, 56 F.3d 1078, 1083 (9th Cir.), cert. denied, 116 S.Ct. 351 (1995). We affirm. 3 Schramm contends that the district court erred by failing to grant a new trial because several jurors consulted a dictionary during deliberations and the government failed to carry its burden of proving that such extrinsic evidence was harmless beyond a…