United States v. Gary Cheyenne

ARNOLD, Circuit Judge.

Gary Cheyenne appeals from his conviction under 18 U.S.C. §§ 1111 and 1153 for second-degree murder. The only issue on appeal involves the jury’s unauthorized use of a pocket dictionary during its deliberations. We find no abuse of discretion in the District Court’s 1 determination that this improper jury conduct did not affect Cheyenne’s substantial rights, and so we affirm.

Cheyenne was indicted for first-degree murder in the killing of Leland Ten Fingers on the Pine Ridge Indian Reservation. Leland Ten Fingers had been killed by a blow to his skull from a car jack, and…