United States v. Simon Rosales-Rodriguez

When Simon Rosales-Rodriguez was stopped while trying to cross the border into the United States from Mexico in September 1999, a customs inspector discovered 100 pounds of marijuana in a hidden compartment of his car. Rosales-Rodriguez was arrested and subsequently indicted on one count of importation under 21 U.S.C. §§ 952 , 960 and one count of possession with intent to distribute under 21 U.S.C. § 841 . The possession count was later dismissed.

At trial, Rosales-Rodriguez offered the defense that he had been duped; that someone had taken advantage of his serious drinking problem and put the marijuana into his car while he was in an alcoholic stupor. On the morning of the jury’s first full day of deliberation, the district court, without the knowledge of the parties, sent an unsolicited note to the jurors informing them that if they were still deliberating at the end of the day (a Friday), an alternate juror would replace an impaneled juror the next week and the panel would have to begin deliberations anew. The jury returned with a guilty verdict around 11:00 o’clock that morning.

We must determine whether the district court committed a constitutional or statutory…