United States v. Russell, No. 19-1605 (1st Cir. 2020)
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The First Circuit affirmed the order of the district court dismissing Defendants' motion for a new trial after a jury found them guilty of charges arising out of a large-scale marijuana farming operation, holding that there was no abuse of discretion warranting a new trial.
After they were found guilty, Defendants filed a motion for a new trial, arguing that one juror had lied in filling out the written questionnaire given to prospective jurors before trial. The district court denied the motion. The First Circuit vacated the district court's order and remanded for further proceedings to investigate the alleged juror misconduct. On remand, the district court again denied the motion for a new trial. The First Circuit affirmed, holding that the district court did not abuse its discretion in (1) fashioning and executing a procedure on remand to investigate Defendants' allegations of juror bias; and (2) denying the motion for a new trial.
The court issued a subsequent related opinion or order on October 21, 2020.
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