United States v. Ozomaro, No. 21-1329 (6th Cir. 2022)
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Ozomaro was indicted for possessing with intent to distribute 50 grams or more of methamphetamine. After competency proceedings and the withdrawal of appointed counsel, the court allowed Ozomaro to proceed pro se, with standby counsel. Ozomaro repeatedly asserted that he would not attend his trial and submitted incoherent jurisdictional arguments. On the day set for trial, Ozomaro refused to leave his holding cell. The court adjourned until October 20. On October 20, Ozomaro appeared. The court empaneled 12 jurors and two alternates. After a day of deliberations, a juror informed a court staff member that she observed a juror drinking alcohol during lunch and that “the same individual hates the Government and doesn’t believe anything they say.” Another juror called to ask if “it was legal to drink on lunch break,” stating that “a juror openly admitted bias to the Government.” The court separately questioned each juror. Most of the jurors verified the allegations about Juror 109, who was excused and replaced with an alternate juror. The jury was told, “start completely brand new.” Following a guilty verdict, Ozomaro was sentenced to 168 months’ imprisonment.
The Sixth Circuit affirmed. There was a sufficient factual inquiry from which to find good cause and conclude that there was no reasonable possibility that the discharge stemmed from Juror 109’s views of the case. The court upheld the application of a sentencing enhancement for obstruction of justice based on Ozomaro’s refusal to appear.
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