Cook

MEMORANDUM *

Wade B. Cook appeals his conviction and sentence for income tax evasion, filing a false income tax return, and obstruction of justice. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

I.

The district court did not abuse its discretion by using an instruction patterned after the instruction approved by the Supreme Court in Allen v. United States, 164 U.S. 492, 501-02 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896). See United States v. Daas, 198 F.3d 1167, 1179-80 (9th Cir.1999). Based on our de novo review of the record, it is not clear “that the charge had an imper-missibly coercive effect on the jury.” United States v. Berger, 473 F.3d 1080, 1089 (9th Cir.2007) (internal quotation marks and citation omitted); see also Low-enfield v. Phelps, 484 U.S. 231, 237 , 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988) (holding that the coercive effect of a supplemental instruction must be considered “in its context and under all the circumstances”).

The district court did not err by polling the jury and by instructing it to continue deliberating once it determined that further deliberations might be fruitful. See Daas, 198 F.3d at 1180 . The responses given…