Macias

MEMORANDUM **

Luis Carlos Macias (“Macias”) contends that the district court erred by denying his motion for new trial on the asserted ground of juror misconduct. The district court responded to Juror Wilson’s first note immediately, and upon receiving Juror Wilson’s second note, the district court brought Juror Wilson out for questioning in open court. Juror Wilson indicated that he “freely and voluntarily” reached his decision on Count 1 and was not pressured in any way in connection with that count. There is nothing in the record to contradict Juror Wilson’s statements that he was not coerced into voting guilty on Count 1 and that he was healthy enough to perform his duties as to that count. Accordingly, the district court did not abuse its discretion when it entered judgment on Count 1. See United States v. Hanley, 190 F.3d 1017, 1031 (9th Cir.1999) (articulating standard of review); United States v. Armstrong, 654 F.2d 1328, 1331-33 (9th Cir.1981) (affirming denial of motion for mistrial based on alleged juror misconduct).

Macias also urges this Court to reverse his conviction for prosecutorial misconduct. The inflammatory remarks during the prosecutor’s closing argument…