Held. The District Court did not err in refusing to hold an evidentiary hearing at which jurors would testify on juror alcohol and drug use during the trial.
The argument that Seminole, as a recipient of federal financial assistance and supervision must be treated as “the United States”ť under 18 USC Section: 371 is untenable.
Dissent. If members of the jury were intoxicated by drugs and alcohol to the point of sleeping through material portions of the trial, the verdict must be set aside. F.R.E. Rule 606(b) is not applicable to juror testimony on matters unrelated to deliberations about the case. Even if F.R.E. Rule 606(b) was applicable, the testimony of juror intoxication should be admissible as “outside influence”ť.
Petitioner’s Sixth Amendment constitutional right to a fair trial in front of a fair and impartial jury is protected by procedurals safeguards such as voir dire, non-juror testimony, and juror observability by court personnel.
A conspiracy to defraud the United States may be effected by the use of third parties, but merely being the recipient of federal financial assistance does not allow a private entity to be treated as “the United States”ť for purposes of 18 USC Section: 371, as the statute would have little meaning if applied so broadl.
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