Benally

MEMORANDUM **

Delyne Benally appeals his conviction on one count of assault on an Indian child in violation of 18 U.S.C. §§ 1153 and 113(a)(6). He argues that the district court abused its discretion in denying his request for a new trial. We disagree, and affirm.

Benally contends that the district court erred by analyzing his motion for a new trial under doctrine addressing a mistaken voir dire answer, see McDonough Power Equip., Inc. v. Greenwood, 464 U.S. 548 , 104 S.Ct. 845 , 78 L.Ed.2d 663 (1984), and actual or implied bias, see Tinsley, 895 *817 F.2d at 526-28, instead of treating his claim as one involving possession of alleged “extraneous information” under United States v. Rosenthal, 445 F.3d 1239 (9th Cir.2006). However, this was not the basis upon which he proceeded before the district court. Accordingly, our review is for plain error, and we see none. The district court found credible Juror 25’s testimony that she did not recall the possible background check until after the trial was over. We are not firmly convinced this finding is incorrect. Cf. Tinsley v. Borg, 895 F.2d 520, 525 (9th Cir.1990) (deferring to trial judge’s findings). Thus, the “extraneous…