Maness

MEMORANDUM *

Brett Maness challenges his conviction under 18 U.S.C. § 922 (g) of being a felon in possession of a firearm. We affirm this conviction, and defer our decision of the resentencing issue.

1). Even assuming that the shackling order was an abuse of discretion, the order did not prejudice Maness, so it did not deprive him of due process of law. In this case, as in United States v. Collins, 109 F.3d 1413, 1418 (9th Cir.1997), “there is no evidence the jury was aware that [the defendant] was shackled or restrained.” The district judge took care that the jury never knew that Maness’s ankles were in restraints. The judge personally verified that the jury could not see Maness’s shackles by walking over to the jury box and looking at the defense counsel table. The judge ordered the shackles temporarily removed during voir dire, when jurors were sitting behind Maness and could see his feet. And the judge permitted Maness to walk to and from the witness stand when he testified. Nothing in the record suggests that the shackling order had the potential to affect the verdict.

2). The district court did not abuse its discretion in restricting Maness’s testimony. Whether Aaska…