US v. Depue, No. 15-10553 (1-11-18)(Callahan w/Tallman & Ezra).

No “Twelve Angry Men” scenario here. The 9th affirms convictions for a mortgage fraud scheme, and finds no abuse of discretion when the court dismissed a juror. The juror (No. 9) had stated that he was unwell, claimed he had been poisoned by another juror, and was “odd man out.” Under Fed R Crim P 23, a court can dismiss a juror for “good cause,” which can include “physical incapacity.” The 9th concluded the court here dismissed the juror for “physical incapacity,” and not for his views on the case. The Court focused on the juror’s physical symptoms, emphysema, and his feeling unwell. The statement “odd man out” was not delved into by the Court and was not the reason the juror was dismissed. The 9th also affirmed the sentencing (262 mos.) based on the amount of loss because of the failure to object. (Defendant represented himself Pro Se, and made no opening, closing, objections, or called any witnesses).

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/01/11/15-10553.pdf