063011P.pdf   05/10/2007  USA  v.  Scott James Eizember
   U.S. Court of Appeals Case No:  06-3011
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Arnold, Author, with Riley and Bowman, Circuit Judges]
   Criminal case - criminal law. District court did not err in allowing
   kidnap victim to testify that defendant had stated he was on death row
   and had nothing to lose as the statement was relevant to the question of
   whether the victims had been forced to act against their will; the district
   court's finding that the jury panel stopped a juror from stating matters
   outside the record was not clearly erroneous; assuming the foreperson had
   been exposed to the information, the prosecution met its burden of
   showing that the juror misconduct did not prejudice defendant by
   establishing that information was not reasonably likely to have affected
   the verdict in light of the overwhelming evidence of defendant's guilt.