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U.S. v. WHEATON

No. 06-4080.

517 F.3d 350 (2008)

UNITED STATES of America, Plaintiff—Appellee, v. Michael WHEATON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 19, 2008.

Attorney(s) appearing for the Case

ARGUED: Vicki L. Ward, Cleveland, Ohio, for Appellant. Samuel A. Yannucci, Assistant United States Attorney, Akron, Ohio, for Appellee.

ON BRIEF; Vicki L. Ward, Cleveland, Ohio, for Appellant. Samuel. A. Yannucci, Assistant United States Attorney, Akron, Ohio, for Appellee.

Before: GUY, GILMAN, and MCKEAGUE, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Michael Wheaton was convicted by a jury on one count of conspiring to distribute more than five kilograms of cocaine and of possessing the drug with the intent to distribute. He filed a motion for a new trial, alleging that a juror's use of a laptop computer in the jury room to obtain extrinsic evidence had undermined the integrity of the verdict. The district court denied Wheaton's motion, concluding that the interests...

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