Veloria

United States v. Veloria

Good Law
164 F. App'x 562
United States Court of Appeals for the Ninth CircuitDecember 7, 2005No. 03-10626California439 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.