Allen

MEMORANDUM *

Tony Allen appeals his conviction, after a jury trial, for mailing a threatening letter to a prosecutor in violation of 18 U.S.C. § 876 .

Allen first argues that the district court erred by denying without an evidentiary hearing Allen’s motion for a new trial based on alleged juror misconduct. Six months after a jury verdict finding him guilty, Allen filed a motion for a new trial on the asserted ground that a juror was prejudiced against him and should not have been allowed to serve.

Under Rule 33 of the Federal Rules of Criminal Procedure, a motion for *472 a new trial on any grounds other than newly discovered evidence must be made within seven days of the verdict or finding of guilty or within such further time as the court may fix within the seven-day period. In United States v. Hanoum, 33 F.3d 1128, 1130 (9th Cir.1994), cert. denied, 514 U.S. 1068 , 115 S.Ct. 1702 , 131 L.Ed.2d 564 (1995), we held “that a Rule 33 motion based upon ‘newly discovered evidence’ is limited to whether the newly discovered evidence relates to the elements of the crime charged.” Here, Allen’s motion did not relate to the elements of the crime charged but rather to the conduct of the…