United States v. Ruane Brande, United States of America v. Carmen Pharr

After an eight-day trial, Ruane Brande and Carmen Pharr were convicted of one count of wire fraud, in violation of 18 U.S.C. § 1343 , and one count of aiding and abetting loan fraud, in violation of 18 U.S.C. §§ 2 (a) and 1014. Brande was also convicted of one count of mail fraud, in violation of 18 U.S.C. § 1341 , a charge of which Pharr was acquitted. The defendants appeal. We address here their argument that the district court was required to hold an evidentiary hearing to determine whether the jury was impartial. We remand for a hearing.

Background

About two weeks after the jury returned its verdict, Robbie Britton, one of the jurors, telephoned the FBI office in Santa Ana to ask what sentences the defendants had received. During the course of that call, Britton reported to an FBI agent that he thought that the case against Brande was a “slam dunk” but that during the trial another male juror was overheard saying, as the FBI agent later reported it, “something to the effect of he was unable to find anyone guilty because of his religious beliefs.” Britton said that he and a female juror, believing it was their duty to inform the court, told either a court clerk or…