United States v. Andre Miles

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Andre MILES, Defendant-Appellant. No. 95-50372. 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 Andre Miles appeals his jury conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Miles contends that the district court deprived him of a fair trial when the judge ordered the arrest of his brother in front of the jury venire for speaking to a prospective juror. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 The district court's voir dire is reviewed for abuse of discretion, but the question of whether defendant was deprived of a fair trial is reviewed de novo. United States v. Milner, 962 F.2d 908, 911 (9th Cir.) cert. denied, 506 U.S. 1004 (1992). 4 A defendant can be…