03/02/2020 US v. Ganias, 755 F. 3d 125 - Court of Appeals, 2nd Circuit 2014 - Google Scholar relating to Ganias's personal taxes. The latter two counts were asserted only against Ganias. The case was assigned to Chief Judge Alvin W. Thompson. 2. The Motion to Suppress In February 2010, Ganias moved to suppress the computer files that are the subject of this appeal. In April 2010, the district court (Thompson, J.) held a two-day hearing and, on April 14, 2010, it denied the motion, with an indication that a written decision would follow. On June 24, 2011, the district court filed its written decision explaining the denial of Ganias's motion to suppress. See United States v. Ganias, No. 3:08 Cr. 224, 2011 WL 2532396 (D.Conn. June 24, 2011). 3. The Trial In April 2010, the case was transferred to Judge Ellen Bree Burns for trial. In May 2010, the district court severed the two counts against Ganias for tax evasion with respect to his personal taxes from the other charges.[3] Trial commenced on March 8, 2011, with jury selection, and testimony was scheduled to begin on March 10, 2011. At 9:34 p.m. on March 9, the evening before the start of the evidence, one of the jurors, Juror X, posted a comment on his Facebook page: "Jury duty 2morrow. I may get 2 hang someone ... can't wait." Juror X's posting prompted responses from some of his online "friends," including: "gettem while the're young !!! lol" and "let's not be to hasty. Torcher first, then hang! Lol." During the trial, Juror X continued to post comments about his jury service, including: March 10 at 3:34 pm: Shit just told this case could last 2 weeks. Jury duty sucks! March 15 at 1:41 pm: Your honor I object! This is way too boring, somebody get me outta here. March 17 at 2:07 pm: Guiness for lunch break. Jury duty ok today. During the second week of trial, Juror X became Facebook friends with another one of the jurors. On April 1, 2011, the jury convicted Ganias on both counts. Later that evening, at 9:49 pm, Juror X posted another comment on his Facebook page: "(GUILTY:)." He later elaborated: 131 I spent the whole month of March in court. I do believe justice prevailed! It *131 was no cake walk getting to the end! I am glad it is over and I have a new experience under my belt! 4. The Motion for a New Trial On August 17, 2011, Ganias moved for a new trial based on alleged juror misconduct. On August 30, 2011, the district court (Burns, J.) held an evidentiary hearing and took testimony from Juror X. The district court denied the motion (as well as a request for the further taking of evidence) in a decision filed on October 5, 2011. See United States v. Ganias, No. 3:08 Cr. 224, 2011 WL 4738684 (D.Conn. Oct. 5, 2011). At the post-trial evidentiary hearing, Juror X explained that he posted the comment on his Facebook page about "hang[ing] someone" as "a joke, all friend stuff," and that he was "[j]ust joking, joking around." At first he could not recall whether he had any conversations with the other juror, with whom he became Facebook friends during the trial, outside the court. He later clarified, however, that he did not have any conversations with the other juror during the course of the trial, prior to deliberations, about the subject matter of the case. He also testified that he in fact considered the case fairly and impartially. The district court accepted Juror X's testimony, found that he was credible, and concluded that he had participated in the deliberations impartially and in good faith. 5. Sentencing https://scholar.google.com/scholar_case?case=16926744034394821172&hl=en&as_sdt=6&as_vis=1&oi=scholarr 3/11