Extracted Text
17a
fact, as the District Court noted, Maxwell did not
challenge the inclusion of other jurors who disclosed
past experience with sexual abuse, assault, or harass-
ment. This is enough; the District Court did not abuse
its discretion in denying Maxwell’s motion for a new
trial.*4
4. The District Court's Response to a Jury
Note Did Not Result in a Constructive
Amendment of, or Prejudicial Variance from,
the Allegations in the Indictment
During jury deliberations, the jury sent the
following jury note regarding Count Four of the
Indictment:
Under Count Four (4), if the defendant aided
in the transportation of Jane’s return flight,
but not the flight to New Mexico where/if the
intent was for Jane to engage in sexual
activity, can she be found guilty under the
second element?*
The District Court determined that it would not
respond to the note directly because it was difficult to
“parse factually and legally” and instead referred the
34 Nor did the District Court err in questioning Juror 50 rather
than allowing the parties to do so. In conducting a hearing on
potential juror misconduct, “[wle leave it to the district court’s
discretion to decide the extent to which the parties may
participate in questioning the witnesses, and whether to hold the
hearing in camera.” United States v. Ianniello, 866 F.2d 540, 544
(2d Cir. 1989). And while Maxwell contends that the District
Court improperly limited questioning about Juror 50’s role in
deliberations, she both waived that argument below and fails to
show here how any such questioning would not be foreclosed by
Federal Rule of Evidence 606(b).
35 A938,
DOJ-OGR-00000080