Wynn

MEMORANDUM *

James Earl Wynn (Wynn) appeals his conviction and sentence for aiding and abetting in the filing of false tax returns. Because Wynn failed to object in the district court, our review is for plain error. See United States v. Santiago, 466 F.3d 801, 803 (9th Cir.2006).

1. The district court’s statements regarding the need to reach a verdict did not coerce the jury. The instructions made clear that each individual member needed to believe in the result and be willing to affirm that belief. The statements were made before deliberations began, thus the instruction was not given “in an atmosphere where the jurors would have felt that unanimity was their only escape from the jury room.” United States v. Berger, 473 F.3d 1080, 1094 (9th Cir.2007). No plain error occurred.

2. The district court did not violate Wynn’s due process rights by instructing the jury regarding the difficulties associated with requesting readbacks of trial testimony. The district court did not forbid the jury from requesting readbacks but rather asked them to design around readbacks where possible. Because the district court has wide latitude in determining whether to provide readbacks, these…