United States Ninth Circuit

Defendant's conviction for importation of cocaine and possession of cocaine with intent to distribute is affirmed where 1) the district court’s instruction to the grand jury did not say that voting was jurors' exclusive recourse or alter the basic message conveyed by the instruction approved in Navarro-Vargas; 2) even if the grand jury might have been misled, that error would not justify reversal of defendant's conviction now; and 3) the entirety of the court's instruction emphatically underscored the grand jury's independent role.

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• Richard Clifton

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy A. Scott, George D. Hardy