United States v. Cesar Almonte
CourtCourt of Appeals for the D.C. Circuit
Date FiledAugust 28, 2026
Docket24-3069
StatusPublished
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Full Opinion
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued October 3, 2025 Decided August 28, 2026
No. 24-3069
UNITED STATES OF AMERICA,
APPELLEE
v.
CESAR GOMEZ ALMONTE, ALSO KNOWN AS JHONNY GOMEZ,
ALSO KNOWN AS JOHNNY GOMEZ, ALSO KNOWN AS JULIO,
APPELLANT
Appeal from the United States District Court
for the District of Columbia
(No. 1:19-cr-00224-2)
Henry E. Marines argued the cause and filed the briefs
for appellant.
Andrew Laing, Attorney, U.S. Department of Justice,
argued the cause for appellee. With him on the brief was
Melanie Alsworth, Attorney. Jonathan R. Hornok, Attorney,
entered an appearance.
Before: SRINIVASAN, Chief Judge, MILLETT, Circuit
Judge, and EDWARDS, Senior Circuit Judge.
2
Opinion for the Court filed by Chief Judge SRINIVASAN.
SRINIVASAN, Chief Judge: Cesar Gomez Almonte appeals
his conviction on charges arising from an international drug-
smuggling conspiracy. Beginning in 2016, conspirators in the
Dominican Republic transported hundreds of kilograms of
cocaine into the United States on boats outfitted with secret
compartments. Almonte helped procure and outfit the vessels.
After U.S. officials learned of the venture, they obtained a
sealed indictment against Almonte in Washington, D.C., and
later arrested him during a layover at Miami International
Airport. Almonte was tried in D.C., found guilty by a jury of
conspiracy to import cocaine into the United States, and
sentenced to 184 months of imprisonment.
On appeal, Almonte presses three constitutional claims:
first, that the delay between his indictment and arrest violated
his Sixth Amendment right to a speedy trial; second, that the
government’s decision to try him in D.C. contravened Article
III’s limitations on lawful venue; and third, that the district
court’s refusal to grant him a new trial after three jurors
expressed concerns about his counsel’s comportment deprived
him of his Sixth Amendment right to an impartial jury. We
conclude that Almonte fails to demonstrate reversible error on
any of his claims, and we therefore affirm.
I.
Almonte first contends that the eighteen-month delay
between his indictment and arrest—from June 2019 to
December 2020—infringed his constitutional right to a
“speedy” trial. U.S. Const. amend. VI; see United States v.
Jones, 524 F.2d 834, 840 n.7 (D.C. Cir. 1975). Almonte
initially moved to dismiss the indictment on speedy-trial
grounds eight months after his arraignment. The government
attributed the delay to its continued investigation of Almonte’s
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co-conspirators after the indictment against him was handed
down: the indictment was sealed, and arresting Almonte would
have risked tipping off a leader of the conspiracy who was
being investigated and who might then have been able to
destroy evidence and flee the Dominican Republic. After that
individual was arrested by a foreign government on unrelated
charges, the government said it had promptly sought Almonte’s
extradition, at which point it learned he would be subject to
arrest while transiting the United States.
In Barker v. Wingo, the Supreme Court established a
“functional analysis” for speedy-trial claims that accounts for
the “conduct of both the prosecution and the defendant.” 407
U.S. 514, 522, 530 (1972). Barker’s “balancing test”
comprises four principal factors: (i) the length of the delay, (ii)
the reason for the delay, (iii) the defendant’s assertion of his
right, and (iv) the prejudice to the defendant. Id. at 530. Those
factors bear “no talismanic qualities”—none is “necessary or
sufficient,” and they “must be considered together with such
other circumstances as may be relevant.” Id. at 533. The
district court found that the balance of the factors tipped against
Almonte and thus rejected his speedy-trial claim. We agree.
First, the length of the delay clears the minimum threshold
to make Almonte’s claim viable. “Simply to trigger a speedy-
trial analysis, an accused must allege that the interval between
accusation and trial has crossed the threshold dividing ordinary
from ‘presumptively prejudicial’ delay,” since there can be no
violation of the right to a “speedy” trial if the case has been
prosecuted with “customary promptness.” Doggett v. United
States, 505 U.S. 647, 651–52 (1992) (quoting Barker, 407 U.S.
at 530–31). The threshold for a presumptively prejudicial pre-
arrest delay is one year. See id. at 652 n.1; United States v.
Yelverton, 197 F.3d 531, 537 n.8 (D.C. Cir. 1999). Because
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the eighteen-month delay in this case exceeded the one-year
threshold, we proceed to consider the remaining factors.
Second, with respect to the government’s proffered reason
for the delay, we conclude that this consideration materially
favors neither side. This consideration gets to “whether the
government or the criminal defendant is more to blame for the
delay.” United States v. Rice, 746 F.3d 1074, 1081–82 (D.C.
Cir. 2014) (quoting Doggett, 505 U.S. at 651). If a defendant
purposefully eluded extradition to the United States, for
instance, he will be held to blame. See, e.g., United States v.
Tchibassa, 452 F.3d 918, 925–26 (D.C. Cir. 2006). But that
was not the case here: the government could have sought
Almonte’s extradition earlier and opted not to do so.
The government contends that its concern with tipping off
Almonte’s unindicted co-conspirator qualifies as a “valid
reason” of the sort Barker said could justify delay. See 407
U.S. at 531. We defer to the district court’s finding—on the
basis of live witness testimony at an evidentiary hearing—that
the government had a good-faith concern about disrupting its
investigation of Almonte’s co-conspirator. As a result, this
case does not present the markers of “official bad faith in
causing delay,” Doggett, 505 U.S. at 656, or “deliberate
attempt[s] to delay the trial in order to hamper the defense [that]
should be weighed heavily against the government,” Barker,
407 U.S. at 531.
Even so, the government’s concern resulted from its own
choice to indict Almonte while it continued investigating his
co-conspirators. The government identifies nothing that
compelled it to bring the indictment against Almonte before
completing its investigation of others, such as a statute of
limitations concern. In that sense, the ongoing investigation
was not a factor beyond the government’s control—like a
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missing witness—that necessarily delays proceedings despite
the government’s best efforts to proceed promptly to trial. See
id.; Doggett, 505 U.S. at 656–57.
At the same time, the government’s good-faith pursuit of
a related investigatory goal shares little in common with
Barker’s example of a “neutral” reason for delay—
prosecutorial “negligence.” See 407 U.S. at 531; see also
Doggett, 505 U.S. at 652–53, 656–57. We have recognized the
government’s “legitimate” interest in “delaying the arrest of an
individual wrongdoer” to preserve a “covert investigation[]”
when an earlier arrest risked exposing the identity of
undercover agents. Powell v. United States, 352 F.2d 705, 708
(D.C. Cir. 1965); cf. United States v. Ansari, 48 F.4th 393, 399
(5th Cir. 2022). And it is well established that greater delay is
acceptable in the case of a “complex conspiracy charge” that is
inherently more difficult to investigate and prove. Barker, 407
U.S. at 531; see United States v. Lopesierra-Gutierrez, 708
F.3d 193, 203 (D.C. Cir. 2013). The government’s explanation
thus falls somewhere between a valid reason, which would
justify the delay, and a neutral reason, which would favor
neither side.
Third, Almonte concedes that his failure to assert his
speedy-trial right until more than eight months after his
arraignment weighs against him. Naturally, a defendant’s
“failure to assert the right will make it difficult . . . to prove that
he was denied a speedy trial.” Barker, 407 U.S. at 531. A
defendant’s lack of speed in complaining about the
government’s lack of speed is a strike against the defendant in
the balancing. We have weighed this factor against defendants
who waited similar periods to raise their claims. See Rice, 746
F.3d at 1082 (“nearly a year after his arraignment”); United
States v. Taplet, 776 F.3d 875, 881 (D.C. Cir. 2015) (“fourteen
months after his arraignment”).
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Fourth, the prejudice factor does not further tip the scales
one way or another. When dealing with pre-arrest delay, this
factor concerns “the possibility that the defense will be
impaired,” Barker, 407 U.S. at 532, which can be
“difficult . . . to prove,” Doggett, 505 U.S. at 655. When
“defense witnesses are unable to recall accurately events of the
distant past,” for example, “what has been forgotten can rarely
be shown.” Barker, 407 U.S. at 532. Accordingly,
“consideration of prejudice is not limited to the specifically
demonstrable, and . . . affirmative proof of particularized
prejudice is not essential to every speedy trial claim.” Doggett,
505 U.S. at 655. But at the same time, “presumptive prejudice
cannot alone carry” a speedy-trial claim. Id. at 655–56; see
also Tchibassa, 452 F.3d at 927; Taplet, 776 F.3d at 881. A
defendant must at least offer an “explanation of how the delay
impaired [his] defense” that goes beyond a bare assertion of
prejudice. United States v. Bikundi, 926 F.3d 761, 780 (D.C.
Cir. 2019); see Lopesierra-Gutierrez, 708 F.3d at 203.
Almonte offers no such explanation. Apart from generally
referring to the abstract possibility of faded memories and
eroded evidence, Almonte’s briefing contains no specific claim
that those sorts of effects of a delay—assuming they
occurred—in fact limited his ability to cross-examine the
government’s witnesses, contest the government’s evidence, or
otherwise challenge the government’s theory of the case. As
the district court put it, Almonte has never “identif[ied] whose
memory has faded and about what.” App. 88. And because he
did not put on a defense after the government rested at trial, it
remains unclear what testimony or evidence of his own the
delay could have affected. Because Almonte never explains
how the delay impaired his defense, Barker’s prejudice prong
ultimately cannot “tip the scales” in his favor. Tchibassa, 452
F.3d at 927.
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In the final measure, Almonte can claim little more than a
presumption of prejudice from an eighteen-month delay
between his indictment and arrest. We have rejected speedy-
trial claims in the face of much longer delays. See, e.g., Rice,
746 F.3d at 1081 (more than two years); Lopesierra-Gutierrez,
708 F.3d at 202 (more than three years). And in the similar
context of this case, when the government offered a good-faith
investigative reason for the delay and Almonte himself delayed
in challenging it, we conclude that the eighteen-month pre-
arrest delay was not so “egregious” as to violate the
constitutional right to a speedy trial. Doggett, 505 U.S. at 657–
58; see also Barker, 407 U.S. at 533.
II.
We next consider Almonte’s challenges to venue. The
Constitution generally requires that criminal trials be held in
the “State and district wherein the crime shall have been
committed,” U.S. Const. amend. VI, but crimes “not committed
within any State” shall be tried “at such Place or Places as the
Congress may by Law have directed,” id. art. III, § 2, cl. 3.
Article III thus “contemplates elaboration on venue
requirements in legislation for offenses committed outside of
the United States.” United States v. Campos, 137 F.4th 840,
847–48 (D.C. Cir. 2025).
To try Almonte in D.C., the government invoked the so-
called “‘high seas’ venue statute,” id. at 848, under which
“[t]he trial of all offenses begun or committed upon the high
seas, or elsewhere out of the jurisdiction of any particular State
or district, shall be”:
[1] in the district in which the offender, or any one of two
or more joint offenders, is arrested or is first brought; [2]
but if such offender or offenders are not so arrested or
brought into any district, an indictment or information may
8
be filed in the district of the last known residence of the
offender or of any one or two or more joint offenders, or if
no such residence is known the indictment or information
may be filed in the District of Columbia.
18 U.S.C. § 3238. Under the second prong of the statute (and
assuming the last-known-residence provision does not apply),
the government may try any crime “begun or committed”
abroad in D.C. by obtaining an indictment there before
arranging for the defendant or any “joint offenders” to be
extradited to the United States. See United States v. Gurr, 471
F.3d 144, 155 (D.C. Cir. 2006); United States v. Slatten, 865
F.3d 767, 788 (D.C. Cir. 2017) (per curiam). That was the basis
for venue the government asserted in the district court.
On appeal, Almonte offers two reasons venue was
improper in D.C. notwithstanding 18 U.S.C. § 3238: first, that
the government could not rely on Section 3238 because the
charged conspiracy targeted and primarily played out in the
Southern District of Florida; and second, that even under
Section 3238, venue was proper in the Eastern District of
Virginia, not D.C., because that is where Almonte’s co-
defendant, Mario Zari, was arrested before the return of the
indictment naming them both. Neither of those arguments can
carry the day for Almonte.
A.
As in the district court, Almonte’s principal venue
argument on appeal is that venue was improper in D.C. because
the charged conspiracy had no connection to the District and
instead was targeted at Miami, in the Southern District of
Florida. Even if no overt acts in furtherance of the charged
conspiracy were committed in D.C., the question is whether
Section 3238 constitutionally lay venue in D.C. because the
9
charged conspiracy was “committed” abroad. See U.S. Const.
art. III, § 2, cl. 3; 18 U.S.C. § 3238.
The answer to that question turns on the “locus delicti of
the charged offense,” which in turn is “determined from the
nature of the crime alleged and the location of the act or acts
constituting it.” United States v. Rodriguez-Moreno, 526 U.S.
275, 279 (1999) (cleaned up); see United States v. Cabrales,
524 U.S. 1, 6–7 (1998). Almonte was charged with conspiracy
to import cocaine into the United States, and “the essence of a
conspiracy is ‘an agreement to commit an unlawful act.’”
United States v. Jimenez Recio, 537 U.S. 270, 274 (2003)
(quoting Iannelli v. United States, 420 U.S. 770, 777 (1975));
see Whitfield v. United States, 543 U.S. 209, 213–14 (2005).
Accordingly, the charged conspiracy was “complete at the
moment of the agreement,” without any conspirator
undertaking any overt act anywhere. Campos, 137 F.4th at
849; see United States v. Mejia, 448 F.3d 436, 445 (D.C. Cir.
2006). It is undisputed that Almonte and his co-defendants
were located abroad—in the Dominican Republic—when they
engaged in the conduct charged as agreement to the alleged
conspiracy. Because the charged offense was committed
abroad, Article III allowed the government to try Almonte in a
district that Congress had “by law [] directed,” which Section
3238 in turn directed would be D.C.
It makes no difference that the charged conspiracy targeted
Miami and involved overt acts other co-conspirators took there.
We recently rejected that “flawed” reasoning, explaining that
when a “charged conspiracy began outside the United States,”
venue under Section 3238 did not become improper merely
because “part of the conspiracy was committed” in various
states by co-conspirators later undertaking overt acts there. See
Campos, 137 F.4th at 848–49. We reasoned not only that a
conspiracy is complete upon the formation of the agreement,
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but also that, “[i]n any event, overt acts by co-conspirators in
one district do not necessarily render venue improper in
another district or in the District of Columbia.” Id. at 849.
Here, as in Campos, the charged conspiracy’s connections to
the Southern District of Florida at most show that venue might
also have been proper there. But that does not make venue
improper in D.C.: “Venue may be proper in more than one
district.” United States v. Lam Kwong-Wah, 924 F.2d 298, 301
(D.C. Cir. 1991).
Almonte belatedly hints at a different reason venue was
improper in D.C. under Section 3238. He suggests that some
of his co-conspirators were tried in the Southern District of
Florida, which makes them “joint offenders” who were “first
brought” into that district for purposes of the first clause of
Section 3238, which in turn would mean venue for Almonte
was proper in that district and not in D.C. See 18 U.S.C.
§ 3238. But Almonte gestures at that theory to support venue
in Florida only in passing and not until his reply brief, so in
keeping with our normal rules we will not address it. See
Shands v. Comm’r, 111 F.4th 1, 9 (D.C. Cir. 2024). Almonte
does mention that the Florida prosecutions were “part of the
same conspiracy” he was charged with, Almonte Br. 52, which
might suggest that those defendants were his “joint offenders,”
see Slatten, 865 F.3d at 787. But the government has
maintained that Almonte was charged with a separate, broader
conspiracy, and the district court declined to submit that
question, or any venue-related questions of fact, to the jury. Cf.
id. at 789 n.5. Almonte does not argue on appeal that the
district court erred in declining to submit that issue to the jury,
so any associated theory for why Section 3238 lay venue in
Florida is forfeited for lack of development. See Bronner ex
rel. Am. Stud. Ass’n v. Duggan, 962 F.3d 596, 611 (D.C. Cir.
2020). We thus are left with no basis to conclude that Almonte
was entitled to a trial in the Southern District of Florida.
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B.
Almonte’s second argument as to why Section 3238 did
not lay venue in D.C. is that one of his co-defendants, Zari,
qualified under the provision’s first clause as a “joint offender”
who was “first brought” to Dulles International Airport in the
Eastern District of Virginia more than a month before the
indictment naming both of them. See 18 U.S.C. § 3238. If so,
Section 3238 would call for trying Almonte in the Eastern
District of Virginia, not D.C. The government does not dispute
the merit of that argument but submits that Almonte waived it
before the district court. We agree.
The implications of Zari’s arrest at Dulles for the venue of
Almonte’s trial did not become evident until the ninth day of
the ten-day trial, when the district court raised the issue sua
sponte. The court directed the parties in a minute order to
address the impact on venue of “Zari’s [] entry . . . in the
Eastern District of Virginia.” App. 40. Almonte declined the
court’s invitation: his response instead doubled down on the
theory that “the Southern District of Florida is the proper venue
for this case.” Supp. App. 1268–69. The district court
therefore determined that any venue argument related to Zari’s
arrest would be untimely under Federal Rule of Criminal
Procedure 12, under which, absent “good cause,” a defendant
must object to “improper venue” before trial “if the basis for
the [objection] is then reasonably available and . . . can be
determined without a trial on the merits.” Fed. R. Crim. P.
12(b)(3)(A)(i), (c)(3). The district court determined that the
E.D. Va. argument was reasonably available before trial and
that Almonte lacked good cause for having failed to raise it
then. And when Almonte later embraced the E.D. Va.
argument in his post-trial motion for acquittal, the district court
again ruled that this “particular objection” to venue in D.C. had
already been “waived” by the defense. App. 498–501.
12
Although we agree that the district court was not required
to entertain a venue argument Almonte declined to make
during trial when expressly invited to do so, we do not consider
the issue under the auspices of Rule 12. Rule 12 generally calls
for making an objection to “improper venue” before trial, and
Almonte did so: he asserted that the trial should not be held in
D.C., even if he focused then on the Southern District of
Florida as the proper venue without mentioning the Eastern
District of Virginia or the theory for laying venue there. That
is ultimately immaterial here, however, because Almonte did
not merely fail to timely raise a venue objection, but in fact
separately waived his right to a trial in a venue other than D.C.
Waiver refers to the “intentional relinquishment or
abandonment of a known right.” United States v. Olano, 507
U.S. 725, 733 (1993) (quoting Johnson v. Zerbst, 304 U.S. 458,
464 (1938)). Rule 12 does not preclude the ordinary operation
of background principles of waiver, and “a defendant may
waive his right to proper venue.” United States v. Wilson, 26
F.3d 142, 151 (D.C. Cir. 1994). Almonte did so here by
declining to argue for venue in the Eastern District of Virginia
even when the district court expressly invited him to do so.
A waiver of venue need not be express: courts will infer
it from the “absence of an objection to venue” or a motion
“specifically raising the defect” in venue without requesting
transfer or dismissal. 2 Charles A. Wright & Arthur R. Miller,
Fed. Prac. & Proc. Crim. § 306 (4th ed. 2026); see, e.g., Jones
v. Gasch, 404 F.2d 1231, 1235 n.16 (D.C. Cir. 1967); United
States v. Gaviria, 116 F.3d 1498, 1517 & n.22 (D.C. Cir. 1997).
Our decision in United States v. Wilson, 26 F.3d 142 (D.C. Cir.
1994), is instructive. There, the defendant represented to the
district court that he had “no objections” to a transfer initiated
by his co-defendant even as he objected to being tried alongside
the co-defendant. Id. at 152. We found that the defendant had
13
waived any objection to venue, explaining that he had focused
on prejudice from consolidation rather than from improper
venue. Id. at 151. In other words, we saw a waiver of a venue
objection in the defendant’s consent to the trial moving forward
in its present location if his primary argument (i.e., against
consolidation) did not pan out. Id. Wilson thus tracks our
general practice of finding an affirmative waiver if the
defendant previously adopted an inconsistent or contradictory
position, or declined to embrace the argument when invited to
do so. See United States v. Warren, 42 F.3d 647, 658 (D.C.
Cir. 1994); Keepseagle v. Perdue, 856 F.3d 1039, 1054 (D.C.
Cir. 2017).
We similarly conclude here that Almonte waived his
objection to proceeding with a trial in D.C. insofar as it would
otherwise be transferred to Virginia. The district court
expressly invited Almonte to raise the argument that Zari’s
“entry in the Eastern District of Virginia” made venue proper
there rather than in D.C. App. 40. But Almonte instead argued
that the case should be transferred to the Southern District of
Florida. And defense counsel repeated that specific
argument—and only that argument—when questioned by the
district court. In these circumstances, Almonte effectively
“chose not to contest” proceeding to trial in D.C. instead of the
Eastern District of Virginia. United States v. Olejiya, 754 F.3d
986, 994 (D.C. Cir. 2014). By the point in trial when the
district court brought the significance of Zari’s arrest in the
Eastern District of Virginia to light, the court had already
declined to transfer the case to Florida. It was clear that the
trial would move forward in D.C. unless (perhaps) Almonte
argued that venue was proper in Virginia. He did not. He
instead responded to that scenario—D.C., unless Virginia—by
again pressing his preference for Florida. That amounted to an
affirmative representation that he was “willing to stand trial in
the District of Columbia” if his Florida argument was again
14
rejected—which of course it was. Wilson, 26 F.3d at 152; see
also United States v. Knox, 540 F.3d 708, 714 (7th Cir. 2008).
When Almonte finally did object that the trial should have
been held in Virginia in his post-trial motion, a jury had been
empaneled, witnesses sworn, testimony taken, deliberations
made, and a verdict returned. To consider a change of heart on
venue that late in the day would have permitted him “to hide in
the weeds with an objection . . . on a waivable issue with a
lower proof burden” “only to pounce” when the trial did not
fully go his way. Knox, 540 F.3d at 716. We do not ordinarily
permit defendants to exploit broad placeholder objections to
spring arguments on the court and the government they
previously had abandoned. Cf. Al Bahlul v. United States, 767
F.3d 1, 9 (D.C. Cir. 2014) (en banc). And that rule has even
more force when, as here, permitting a defendant to effectively
withdraw his consent to venue so late in the game would
require an entirely new trial in a new venue. See Smith v.
United States, 599 U.S. 236, 253–54 (2023).
Because we conclude that Almonte waived his only
meritorious venue claim, there is no “error” to review under the
plain-error standard. See Olano, 507 U.S. at 733–34.
III.
Almonte’s last argument is that he was denied his Sixth
Amendment right to an impartial jury based on comments
made by jurors during the trial. On November 20, 2023, two
weeks into trial, the district court informed counsel that one of
the jurors had “expressed concern” to his law clerk about
“whether the jury could separate the Defendant from defense
counsel.” Supp. App. 832–33. Neither party requested any
immediate action from the court, but the next day, defense
counsel noted that the comment might reveal jurors had been
“discussing the defense” before the close of evidence. Supp.
15
App. 886. The district court therefore agreed to interview the
juror who had made the comment.
The first juror was called in for voir dire, and when the
court asked why she had made the comment, she elaborated:
“A lot of jurors were commenting that they thought that the
defense counsel was being very aggressive to the witnesses and
being very demeaning to them and angry in his questioning and
physical responses to them, and they were feeling as though
that was insulting to the witnesses and they were upset with it.”
Supp. App. 889–90. The juror admitted to having “some
concerns” about defense counsel’s behavior but affirmed her
ability to decide the case impartially. Supp. App. 890. The
juror added, though, that she did not “know about the other
jurors.” Id. That parting comment prompted the court to
interview the rest of the jurors individually. Additional voir
dire revealed two other jurors with concerns about defense
counsel’s behavior, but both stated on the record that they
remained able to decide the case impartially.
After voir dire, the district court decided to proceed with
trial, denying defense counsel’s motion for a mistrial. As the
judge explained on the record, he had been “watching every
one of these jurors when they c[a]me up” for voir dire, “looking
at their reaction,” and “seeing what they answer and why they
feel” negatively toward defense counsel. Supp. App. 898.
Although three jurors admitted feeling some frustration with or
distaste for defense counsel, the court’s “observations of them
is that there’s no question they can set those feelings aside.”
Supp. App. 908. The court later denied Almonte’s motion for
a new trial on the same basis.
The district court did not abuse its considerable discretion
in denying Almonte a mistrial or a new trial. See United States
v. Gartmon, 146 F.3d 1015, 1027 (D.C. Cir. 1998); United
16
States v. Reese, 561 F.2d 894, 902 (D.C. Cir. 1977). “A trial
court protects the defendant’s Sixth Amendment right” to an
impartial jury “by ensuring that jurors have no ‘bias or
prejudice that would prevent them from returning a verdict
according to the law and evidence.’” United States v.
Tsarnaev, 595 U.S. 302, 312 (2022) (quoting Connors v.
United States, 158 U.S. 408, 413 (1895)). When it appears the
jury may be swayed by improper considerations, the trial court
should “determine the circumstances, the impact thereof upon
the juror, and whether or not it was prejudicial, in a hearing
with all interested parties permitted to participate.” Remmer v.
United States, 347 U.S. 227, 229–30 (1954). As our court has
elaborated, the hearing to assess potential prejudice “should not
be conducted ex parte,” “but it also need not be conducted as a
full evidentiary hearing,” “and the inquiries put to the juror[s]
need only be sufficiently detailed to permit the judge to
determine whether any prejudice is likely to result.” United
States v. Butler, 822 F.2d 1191, 1196 (D.C. Cir. 1987); see also
United States v. West, 458 F.3d 1, 8–9 (D.C. Cir. 2006); United
States v. Williams-Davis, 90 F.3d 490, 504–05 (D.C. Cir.
1996); United States v. Bostick, 791 F.3d 127, 152 (D.C. Cir.
2015).
The district court here followed that guidance to a tee.
Upon learning of the initial juror comment, the court informed
counsel for both parties and then, with both parties’ consent,
conducted targeted voir dire of the juror in question. When that
juror’s answers suggested that the concern with defense
counsel might be more widespread, the court interviewed every
juror individually on the record and with both counsel present.
In those interactions, the court ensured that every juror—
including especially the three who admitted to harboring some
ill feelings about defense counsel—could decide the case
impartially. We have previously held that precisely those
procedures—assembling of the jury, “inquiring into whether
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[a] defense witness’ [sic] comment would affect the jurors’
impartiality, admonishing them to disregard the witness’ [sic]
remark, and reminding them of their duty to deliberate
solemnly”—are sufficient to “dispel[]” any midtrial risk of
juror prejudice. United States v. Williams, 822 F.2d 1174, 1189
(D.C. Cir. 1987).
The district court grounded its conclusion that the jury
remained impartial in personal observation of the jurors’
demeanor and their response to questioning during voir dire—
the kinds of judgments we are highly reluctant to second-guess.
And it was entirely appropriate for the court to “[r]ely[] on []
jurors’ testimony regarding their impartiality” when assessing
whether the trial can proceed after an incident that calls their
impartiality into question. United States v. Fafowora, 865 F.2d
360, 363 (D.C. Cir. 1989).
Almonte contends that the district court should have
inquired not only into whether the jurors could decide the case
impartially, but also into whether they had been discussing the
case and evidence prematurely. But we have held that “the trial
judge has broad discretion to fix the exact procedures” for
inquiring into possible juror bias during trial “by balancing the
need to make a sufficient inquiry against the concern that the
inquiry not create prejudicial effects by unduly magnifying the
importance of an insignificant occurrence.” Butler, 822 F.2d
at 1196. Here, the district court determined that there was “no
basis” to undertake a broader inquiry, Supp. App. 891, and such
a determination about the scope and content of voir dire is
entitled to “special respect.” Arizona v. Washington, 434 U.S.
497, 510 (1978); see West, 458 F.3d at 6. We see no basis to
question the district court’s textbook handling of the jurors’
comments about defense counsel upon becoming aware of
them.
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* * * * *
For the foregoing reasons, we affirm the judgment of the
district court.
So ordered.