Veloria
United States v. Veloria
Opinion
Lead Opinion
MEMORANDUM **
Alicia Veloria, who was found guilty of possession with intent to distribute in excess of five grams of cocaine base under 21 U.S.C. § 841 (a)(1), appeals both her conviction and sentence. We conclude that Veloria is entitled to a limited remand under United States v. Ameline, 409 F.3d 1073 (9th Cir.2005) (en banc), but we affirm her conviction in all respects.
Veloria’s juror misconduct claim is foreclosed by her attorney’s express consent to the district court’s handling of the situation. United States v. McFarland, 34 F.3d 1508, 1512 (9th Cir.1994) (the doctrine of invited error applies where the “trial court announces its intention to embark on a specific course of action and defense counsel specifically approves of that course of action”). Even if Veloria had objected to the district court’s handling of this matter, her claim would still fail because the “alleged misconduct was thoroughly investigated by the district court, and its effect cured by ensuring that [the threatened juror] no longer felt intimidated.” United States v. Smith, 424 F.3d 992, 1014 (9th Cir.2005).
Veloria’s evidentiary challenges are also unavailing. She disputes two of the court’s…