United States v. Michael Vernon Dutkel

Opinion by Judge KOZINSKI; Concurrence by Judge O’SCANNLAIN.

KOZINSKI, Circuit Judge:

Because impartial jurors are the cornerstone of our system of justice and central to the Sixth Amendment’s promise of a fair trial, we “guard jealously the sanctity of the jury’s right to operate as freely as possible from outside unauthorized intrusions purposefully made.” Remmer v. United States, 350 U.S. 377, 382, 76 S.Ct. 425, 100 L.Ed. 435 (1956) (Remmer II). In Michael Dutkel’s case, we didn’t guard the jury jealously enough. During a joint trial on drug conspiracy and distribution charges, Dutkel’s…