Unpublished Disposition, 900 F.2d 263 (9th Cir. 1990)

MEMORANDUM

Palmer appeals from his judgment of conviction for conspiracy to distribute cocaine and distribution of cocaine in violation of 21 U.S.C. § 846 and Sec. 841(a) (1), and 18 U.S.C. § 2. The district court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

The district court did not err in denying the Fed. R. Crim. P. 29 motion for judgment of acquittal. Taking the evidence in the light most favorable to the government, we cannot say that no jury could have found Palmer guilty beyond a reasonable doubt. United States v. Savinovich, 845 F.2d 834, 837 (9th Cir.), cert. denied, 109 S. Ct. 369 (1988). There was a conflict in the evidence, but the jury resolved the conflict against Palmer. The jury believed Earhart--which they were entitled to do. United States v. Lopez, 803 F.2d 969, 973 (9th Cir. 1986), cert. denied, 481 U.S. 1030 (1987).

The conduct of juror Hilands did not result in an unfair trial. The contact of the juror with a government witness was minimal and inconsequential. The district judge discussed the problem with Hilands in the presence of counsel. He did not abuse his discretion in not excusing the juror. United States v. Sears, 663 F.2d 896, 900 (9th Cir. 1981), cert. denied, 455 U.S. 1027 (1982). No actual prejudice was shown. United States v. Madrid, 842 F.2d 1090, 1093 (9th Cir.), cert. denied, 109 S. Ct. 269 (1988).

The record before us does not demonstrate that Palmer's counsel's performance was deficient and that Palmer was thus deprived of a fair judicial proceeding. Strickland v. Washington, 466 U.S. 668 (1984).

AFFIRMED.

Note: This disposition is not appropriate for publication and may not be cited to or by the Courts of this Circuit except as provided by Ninth Circuit Rule 36-3.