context: The district court declined to investigate the purported statement any further because it incorrectly determined that any such testimony would be barred under Rule 606(b). Given the risk that the jury's discussion of a prior conviction may prejudice the defendant in a case where fraudulent intent is a key ingredient, we believe it is appropriate to remand to the district court to hold an evidentiary hearing.
citation_a.signal: see
citation_a.parenthetical: noting that where trial court learns of possible juror misconduct, it must hold evidentiary hearing to determine precise nature of extraneous information
citation_a.sentence: See United States v. Bag nariol, 665 F.2d 877, 885 (9th Cir.1981), cert. denied, 456 U.S. 962, 102 S.Ct. 2040, 72 L.Ed.2d 487 (1982) (noting that where trial court learns of possible juror misconduct, it must hold evidentiary hearing to determine precise nature of extraneous information); United States v. Rhodes, 556 F.2d 599, 602 (1st Cir.1977) (stating that denial of motion for new trial without any investigation of exposure to extraneous materials was insufficient response to serious matters raised in affidavit); cf. United States v. Cheyenne, 855 F.2d 566, 568 (8th Cir.1988) (stating district court properly conducted extensive hearing to determine effect of extraneous material on jury deliberations); see also, 3 Weinstein’s Evidence, ¶606[05], at 606-52 (when sufficient showing is made of type of misconduct which is not on its face barred by Rule 606(b), further inquiry is warranted).
citation_b.signal: cf.
citation_b.identifier: 855 F.2d 566, 568
citation_b.parenthetical: stating district court properly conducted extensive hearing to determine effect of extraneous material on jury deliberations
citation_b.sentence: See United States v. Bag nariol, 665 F.2d 877, 885 (9th Cir.1981), cert. denied, 456 U.S. 962, 102 S.Ct. 2040, 72 L.Ed.2d 487 (1982) (noting that where trial court learns of possible juror misconduct, it must hold evidentiary hearing to determine precise nature of extraneous information); United States v. Rhodes, 556 F.2d 599, 602 (1st Cir.1977) (stating that denial of motion for new trial without any investigation of exposure to extraneous materials was insufficient response to serious matters raised in affidavit); cf. United States v. Cheyenne, 855 F.2d 566, 568 (8th Cir.1988) (stating district court properly conducted extensive hearing to determine effect of extraneous material on jury deliberations); see also, 3 Weinstein’s Evidence, ¶606[05], at 606-52 (when sufficient showing is made of type of misconduct which is not on its face barred by Rule 606(b), further inquiry is warranted).