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U.S. v. NAVARRO-GARCIA

No. 89-50023.

926 F.2d 818 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Hortensia NAVARRO-GARCIA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1991.

Attorney(s) appearing for the Case

Gerald E. Utti, Encinitas, Cal., for defendant-appellant.

Shane P. Harrigan, Asst. U.S. Atty., argued; Nancy L. Worthington, Senior Appellate Litigation Counsel, on the brief; San Diego, Cal., for plaintiff-appellee.

Before NELSON and REINHARDT, Circuit Judges, and TANNER, District Judge.

REINHARDT, Circuit Judge:

A jury convicted Hortensia Navarro-Garcia of offenses in connection with the importation of marijuana. Navarro-Garcia moved for an evidentiary hearing and a new trial on the ground that the jury had improperly considered extrinsic evidence; she attached to the motion an affidavit from her attorney stating that following the return of the verdict the jury foreman had informed defense counsel that an unidentified juror had conducted an experiment...

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