U.S. v. Martin

In prosecution on various drug distribution charges arising out of defendant-police officer's solicitation of third-party to sell marijuana supplied by defendant from sources including marijuana obtained from police evidence storage facility, presence of non-juror in jury room for short period of time did not deprive defendant of his right to impartial jury. Record showed that said individual did not speak to jurors except for harmless passing comment in hallway, which did not otherwise affect jury deliberations. Remand, though, was required for new sentencing hearing where Dist. Ct. used wrong guideline when imposing life sentence.