United States v. Hortensia Navarro-Garcia

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 while the jury was in recess for the weekend. The purpose of this experiment was allegedly to determine whether weight in the trunk of her car would have imparted knowledge to Navarro-Garcia of the presence of marijuana. The jury foreman also reported that he had told the jury of his own experience with weight in the back of his car. The district court denied the motion. We reverse the denial and remand for an evidentiary hearing on the questions whether any juror considered extrinsic evidence and, if so, the nature of that evidence.

I.

At 3:00 a.m. on December 19, 1987, Navarro-Garcia and her passenger, America Ruiz-Payan, approached the border at San Ysidro from the Mexican side. Navarro-Garcia was driving a 1985 Mercury Grand Marquis…