Case: 12-10086 Date Filed: 06/07/2013 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 12-10086
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D.C. Docket No. 1:09-cr-00037-SPM-GRJ-1
UNITED STATES OF AMERICA,
Plaintiff -Appellee
Cross Appellant,
versus
SAMIM ANGHAIE,
SOUSAN ANGHAIE,
Defendants-Appellants
Cross Appellees.
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Appeals from the United States District Court
for the Northern District of Florida
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(June 7, 2013)
Before CARNES, WILSON, and EBEL, * Circuit Judges.
PER CURIAM:
*
Honorable David M. Ebel, United States Circuit Judge for the Tenth Circuit, sitting by
designation.
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Having studied the briefs and the relevant parts of the record, and having
heard oral argument in this case, we have concluded that there is no merit to the
Appellants’ arguments that the evidence was insufficient to convict them on the
counts for which they were convicted. We have also concluded that there is no
merit to the Appellee’s cross-appeal arguments that the district court erred in the
amount of the forfeiture it ordered Appellants to pay or in failing to order them to
pay restitution.
We are convinced, however, that the district court should conduct an
evidentiary hearing into the Appellants’ claim regarding the alleged conversation
between juror Moss and Dr. Abdol Chini about Appellant Samim Anghaie. We
leave to the district court’s discretion the procedural question of whether to hear
testimony from Dr. Chini before deciding if it needs to hear testimony from juror
Moss, or to hear testimony from both of them in any event. We imply no view
about how the district court should decide the issue once it conducts the
evidentiary inquiry, nor do we imply any view about whether Appellant Sousan
Anghaie could be entitled to any relief based on this claim if the alleged
conversation was not about her.
The judgment in this case is VACATED AND REMANDED for the limited
purpose of an evidentiary hearing into the allegations that juror Moss discussed the
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Case: 12-10086 Date Filed: 06/07/2013 Page: 3 of 3
case with Dr. Chini before the trial was complete and for a decision on the issue or
issues involved in that claim.
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