Rupley

United States v. Rupley

Good Law
106 F. App'x 590
United States Court of Appeals for the Ninth CircuitAugust 2, 2004No. 03-15153; D.C. Nos. CV-98-00672-ECR/PHA, CR-86-00049-ECR, CV-98-00676-ECR/ PHA, CR-86-00049-ECR, CV-98-00677-ECR/PHA, CR-86-00049-ECRCalifornia869 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioners Richard Rupley, Sr., Dwain Baker, and Edward Baker appeal the district court’s denial of their 28 U.S.C. § 2255 motions challenging their convictions. We affirm. As the parties are familiar with the facts, procedural history, and arguments, we cite them only as necessary.

We review a district court’s decision to grant or deny a federal prisoner’s 28 U.S.C. § 2255 motion de novo. See United States v. Fry, 322 F.3d 1198, 1200 (9th Cir.2003). We review the court’s factual findings underlying its decision for clear error. See United States v. Alaimalo, 313 F.3d 1188, 1191 (9th Cir.2002).

We are not persuaded by Petitioners’ contention that a secret romantic relationship between a court bailiff and a juror violated their right to a fair and independent jury. The district court conducted a week-long evidentiary hearing in accordance with Remmer v. United States, 347 U.S. 227, 230 , 74 S.Ct. 450 , 98 L.Ed. 654 (1954). It did not clearly err in its finding that there was no evidence, or evidence from which an inference could be drawn, that (1) there was any effort to influence the juror or any other juror in regard to the jury verdict, (2) that any extrinsic or…

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