Jury Foreman's Failure to Disclose Involvement in Criminal Matters Not Reversible Error

U.S. v. McConnel, -- F.3d --, 2006 WL 2723420 (10th Cir. 9/25/06) - defendant was properly denied a new trial based on jury foreman's failure to respond to voir dire question about previous involvement in criminal matters. The juror had been charged in a state case and the charges were later dismissed without a trial. The district court's finding that the juror was mistaken, but not dishonest, in failing to respond was not clearly erroneous. Implied bias was not established and the defendant did not argue actual bias.
Deliberate ignorance instruction, not objected to at trial, was improper, but the plain error was unmet because the error did not seriously affect the fairness of the trial.
Defendant waived issue re: impeachment with two prior misdemeanor convictions by introducing the evidence himself after the district court ruled the gov't could use it.
Two constitutional Booker errors were harmless in view of the court's exercise of pre-Booker discretion to impose the highest possible sentence.