United States v. Nucera, No. 21-2115 (3d Cir. 2023)
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Nucera was charged with committing a hate crime, depriving another of his civil rights, and making false statements to the FBI, arising from actions he took as a police officer arresting Stroye. His jury engaged in heated deliberations with racial tensions playing a major role. Credibility determinations were crucial, and jurors were deeply divided over whom and what to believe.
The Third Circuit rejected Nucera’s claims of jury misconduct. Nucera offers only post-verdict affidavits from jurors who say they experienced racial vitriol, intimidation, and other misconduct that occurred during the jury deliberations. When parties challenge a verdict, Federal Rule of Evidence 606(b) bars a court from considering a juror’s statement or affidavit unless it satisfies either an exception in the Rule or a constitutional exception created by the Supreme Court (Peña-Rodriguez, 2017), for evidence of racial bias. The latter exception is narrow and specific: it requires a clear statement that a juror voted for a conviction based on racial animus toward, or stereotypes about, the defendant. None of Nucera’s evidence satisfies the Rule 606(b) exceptions nor does it fit the Peña-Rodriguez exception. The court also affirmed a ruling that limited Nucera’s use of the victim’s out-of-court statement and the court’s jury instructions about unanimity. The court vacated Nucera’s sentence; the district court erred in applying the Sentencing Guidelines.
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