Quesada-Garcia

MEMORANDUM **

Esequiel Quesada-Gareia was convicted of conspiring to manufacture marijuana plants, 21 U.S.C. §§ 846 and 841(a)(1), manufacturing marijuana plants, 21 U.S.C. § 841 (a)(1), and possessing a firearm in furtherance of a drug trafficking crime, 18 U.S.C. § 924 (e)(l)(A)(i). Quesada-Gareia argues that his conviction must be reversed because some members of the jury (1) considered extrinsic evidence obtained on the Internet prior to determining the verdict, and (2) discussed the case without all twelve jurors present before jury deliberation. In addition, Quesada-Gareia asserts the district court (3) erred by failing to articulate its consideration of 18 U.S.C. § 3553 (a), and (4) imposed an unreasonable sentence under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005).

Quesada-Garcia’s juror misconduct arguments are unpersuasive. First, the district court’s finding of no exposure to extrinsic evidence is supported by the record. Second, even if two members of the jury were exposed to extrinsic evidence tending to show that Quesada-Garcia’s co-conspirator was guilty, the record before this court does not reveal that Quesada-Gareia suffered…