Mejia-Pimental
United States v. Mejia-Pimental
Opinion
Lead Opinion
MEMORANDUM **
Appellant Brijido Mejia-Pimental was convicted by a jury of eleven controlled substance violations. The district court sentenced him to 210 months in prison. Appellant raises several arguments on appeal. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a).
Appellant first argues that the district court erroneously dismissed a potential juror for cause. Because appellant did not object to the juror’s dismissal during voir dire, we review the dismissal for plain error. See United States v. Anzalone, 886 F.2d 229, 234 (9th Cir.1989). Our review of the record reveals that the district court dismissed the juror only after ascertaining that his views regarding paid informants would compromise his ability to give both sides a fair trial. As such, the dismissal was not erroneous. See United States v. Howell, 231 F.3d 615, 628 (9th Cir.2000).
Second, appellant argues that certain counts of the superseding indictment were multiplicitous or duplicitous. Because these claims go to the form of the indictment and were not raised before trial, they are waived. See Fed.R.Crim.P. 12(b)(2), 12(f); United States v. Klinger, 128 F.3d 705, 708 (9th Cir.1997).