United States v. McChesney, No. 16-30052 (9th Cir. 2017)Annotate this Case
The Ninth Circuit affirmed the district court's denial of defendant's motion for a new trial on the basis of improper contact with the jury. The panel held that defendant failed to carry his burden to offer any credible evidence to establish that his ex-girlfriend had said nasty things about him to the jurors at trial. The district court did not abuse its discretion by refusing to recall the jury for live questioning, by recusing itself under 28 U.S.C. 455(a) and (b), and by excluding defendant from pre-hearing telephonic conferences. Finally, defendant forfeited any right to challenge the destruction of surveillance videos and, even without forfeiture, his claim failed because he failed to allege bad faith.