United States v. Martin, No. 11-1208 (7th Cir. 2012)
Annotate this CaseMartin was the Sheriff of Gallatin County from 1990 until his conviction on 15 counts: marijuana distribution, possession of a firearm during a drug trafficking crime, conspiracy to distribute marijuana, witness tampering, conspiracy to tamper with witnesses, and attempted structuring of financial transactions. The government obtained audio and video recordings of three deliveries of marijuana to Potts by Martin, while in uniform, in his patrol vehicle, and in possession of his service revolver. While incarcerated jail, Martin solicited inmates to kill Potts and another witness and took steps to obtain payments for the murders. Because of a bizarre case of mistaken identity, a non-juror was in the jury room for no more than five minutes before jurors lined up to enter the courtroom. Each juror testified that the individual did not speak to anyone in the jury room. The court notified the parties that it intended to proceed with the trial. Defense counsel did not object. The Seventh Circuit affirmed the conviction, finding that the district court did not err in its inquiry into the potential jury tampering and in its determination that no improper communication or influence had occurred, but remanded for recalculation of the sentence.
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