Shelton

United States v. Shelton

Good Law
99 F. App'x 136
United States Court of Appeals for the Ninth CircuitJune 1, 2004No. 02-10096California2,958 words

Opinion

Lead Opinion

MEMORANDUM *

Austin J. “Sonny” Shelton appeals his sentence and conviction of one money laundering, two wire fraud, three trade restraint, and six bribery offenses. Because the parties are familiar with the facts and procedural history, we need not recount them here. We affirm Shelton’s conviction, but vacate his sentence and remand for resentencing.

*139 i

Shelton argues that the district court’s sua sponte dismissal of several jurors, coupled with an apparent attempt to keep one juror on the panel, warrant reversal. We have long recognized that “[t]he district court has broad discretion over how it conducts voir dire and how it supervises trials.” Mena v. City of Simi Valley, 332 F.3d 1255, 1268 (9th Cir.2003) (citation omitted). In this case, where defense counsel did not object, we review the proceedings for plain error. United States v. Steele, 298 F.3d 906, 910 (9th Cir.2002), cert. denied, 537 U.S. 1096 , 123 S.Ct. 710 , 154 L.Ed.2d 646 (2002).

A “litigant has no vested right to keep a particular juror on the panel.” United States v. Rodriguez, 459 F.2d 983, 984 (9th Cir.1972). Even if a veniremen is excused sua sponte without sufficient cause, reversal is not warranted…

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