United States v. Clinton David Ames and Paul Christian Ames

91 F.3d 155 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clinton David AMES and Paul Christian Ames, Defendants-Appellants. No. 95-10328, 95-10329. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 17, 1996. Decided July 10, 1996. Before: LEAVY, T.G. NELSON and TASHIMA, Circuit Judges. 1 MEMORANDUM * 2 Clinton David Ames and Paul Christian Ames appeal their jury convictions for bank robbery in violation of 18 U.S.C. §§ 924 (c) and 2113. Because the parties are familiar with the facts, we need not recite them here. Juror Misconduct 3 The fact that the district court did not conduct an evidentiary hearing based on Houck's allegations does not, in and of itself, require a mistrial. "Assuming that there was juror misconduct, it is still true that not every incident of juror misconduct requires a new trial. The test is whether or not the misconduct has prejudiced the defendant to the extent that…