United States v. Lawson

PUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA, 
Plaintiff-Appellee,
v.
SCOTT EDWARD LAWSON,
Defendant-Appellant.
 No. 10-4831
THE UNITED GAMEFOWL BREEDERS
ASSOCIATION,
Amicus Supporting Appellant,
THE HUMANE SOCIETY OF THE
UNITED STATES,
Amicus Supporting Appellee.

2 UNITED STATES v. LAWSON

UNITED STATES OF AMERICA, 
Plaintiff-Appellee,
v.
SHERI M. HUTTO,
Defendant-Appellant.
 No. 10-4841
THE UNITED GAMEFOWL BREEDERS
ASSOCIATION,
Amicus Supporting Appellant,
THE HUMANE SOCIETY OF THE
UNITED STATES,
Amicus Supporting Appellee.


UNITED STATES OF AMERICA, 
Plaintiff-Appellee,
v.
WAYNE HUGH HUTTO,
Defendant-Appellant.
 No. 10-4845
THE UNITED GAMEFOWL BREEDERS
ASSOCIATION,
Amicus Supporting Appellant,
THE HUMANE SOCIETY OF THE
UNITED STATES,
Amicus Supporting Appellee.

 UNITED STATES v. LAWSON 3

UNITED STATES OF AMERICA, 
Plaintiff-Appellee,
v.
LESLIE WAYNE PEELER,
Defendant-Appellant.
 No. 10-4846
THE UNITED GAMEFOWL BREEDERS
ASSOCIATION,
Amicus Supporting Appellant,
THE HUMANE SOCIETY OF THE
UNITED STATES,
Amicus Supporting Appellee.


UNITED STATES OF AMERICA, 
Plaintiff-Appellee,
v.
NANCY ELIZABETH DYAL,
Defendant-Appellant.
 No. 10-4870
THE UNITED GAMEFOWL BREEDERS
ASSOCIATION,
Amicus Supporting Appellant,
THE HUMANE SOCIETY OF THE
UNITED STATES,
Amicus Supporting Appellee.

4 UNITED STATES v. LAWSON

UNITED STATES OF AMERICA, 
Plaintiff-Appellee,
v.
JAMES MORROW COLLINS, JR.,
Defendant-Appellant.
 No. 10-4882
THE UNITED GAMEFOWL BREEDERS
ASSOCIATION,
Amicus Supporting Appellant,
THE HUMANE SOCIETY OF THE
UNITED STATES,
Amicus Supporting Appellee.

Appeals from the United States District Court
for the District of South Carolina, at Columbia.
Cameron McGowan Currie, District Judge.
(3:09-cr-01174-CMC-9; 3:09-cr-01169-CMC-2;
3:09-cr-01169-CMC-3; 3:09-cr-01174-CMC-3;
3:09-cr-01169-CMC-1; 3:09-cr-01295-CMC-2)

Argued: January 24, 2012

Decided: April 20, 2012

Before GREGORY and KEENAN, Circuit Judges, and
Liam O’GRADY, United States District Judge for the
Eastern District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published
opinion. Judge Keenan wrote the opinion, in which Judge
Gregory and Judge O’Grady joined.
 UNITED STATES v. LAWSON 5
COUNSEL

ARGUED: Clarence Rauch Wise, Greenwood, South Caro-
lina; Jonathan McKey Milling, MILLING LAW FIRM, LLC,
Columbia, South Carolina; Douglas Neal Truslow, Columbia,
South Carolina, for Appellants. Nathan S. Williams, OFFICE
OF THE UNITED STATES ATTORNEY, Charleston, South
Carolina, for Appellee. ON BRIEF: John Dennis Delgado,
BLUESTEIN, NICHOLS, THOMPSON & DELGADO,
LLC, Columbia, South Carolina, for Appellant Sheri M.
Hutto; Swepson Harrison Saunders, VI, Columbia, South Car-
olina, for Appellant Leslie Wayne Peeler; Henry Wesley
Kirkland, Jr., KIRKLAND & RUSH, Columbia, South Caro-
lina, for Appellant Nancy Elizabeth Dyal. William N. Nettles,
United States Attorney, Columbia, South Carolina, for Appel-
lee. Mark L. Pollot, Boise, Idaho, for The United Gamefowl
Breeders Association, Amicus Supporting Appellants. Jona-
than R. Lovvorn, Kimberly D. Ockene, Aaron D. Green, THE
HUMANE SOCIETY OF THE UNITED STATES, Washing-
ton, D.C.; Emily L. Aldrich, HUNTON & WILLIAMS LLP,
Los Angeles, California; Gregory N. Stillman, HUNTON &
WILLIAMS LLP, Norfolk, Virginia; Joseph P. Esposito, Wil-
liam E. Potts, Jr., Andrew E. Walsh, HUNTON & WIL-
LIAMS LLP, Washington, D.C., for The Humane Society of
the United States, Amicus Supporting Appellee.

OPINION

BARBARA MILANO KEENAN, Circuit Judge:

Scott Lawson and certain other defendants (collectively,
Lawson) were convicted by a jury of violating, and conspiring
to violate, the animal fighting prohibition of the Animal Wel-
fare Act, 7 U.S.C. § 2156(a) (the animal fighting statute),
resulting from their participation in "gamefowl derbies," oth-
erwise known as "cockfighting." The animal fighting statute
6 UNITED STATES v. LAWSON
prohibits, among other things, "sponsor[ing] or exhibit[ing] an
animal in an animal fighting venture." Id. The term "animal
fighting venture" is defined in the statute, in relevant part, as
"any event, in or affecting interstate or foreign commerce, that
involves a fight conducted or to be conducted between at least
2 animals for purposes of sport, wagering, or entertainment."
7 U.S.C. § 2156(g)(1). Several of the defendants in this case
also were convicted of participating in, and conspiring to par-
ticipate in, an illegal gambling business in violation of 18
U.S.C. § 1955 (the illegal gambling statute), with relation to
activities that occurred during the "derbies."

Lawson raises numerous challenges to his convictions,
arguing that: (1) the convictions for violating the animal fight-
ing statute should be vacated because Congress lacks power
under the Commerce Clause to prohibit the fighting of game-
fowl; (2) the animal fighting statute is unconstitutional
because the statute provides for different elements of proof in
jurisdictions where animal fighting is legal; (3) the district
court abused its discretion in consolidating Scott Lawson’s
trial with the trials of his co-defendants; and (4) a juror’s mis-
conduct in performing unauthorized research of the definition
of an element of the offense on Wikipedia.org (Wikipedia), an
"open access" internet encyclopedia, deprived him of his
Sixth Amendment right to a fair trial. Additionally, the defen-
dants convicted of violating the illegal gambling statute raise
several challenges to those convictions.1

Upon our review of the parties’ arguments, we hold that the
animal fighting statute is a constitutional exercise of Con-
gress’ power under the Commerce Clause; that the provision
1
Lawson further argues that the district court erred in its rulings with
respect to certain evidentiary matters and the instructions given to the jury
on the animal fighting statute charges. In light of our holding, we do not
reach those issues. We also do not reach the argument made by James Col-
lins, Jr., that the district court erred in its application of the sentencing
guidelines.
 UNITED STATES v. LAWSON 7
of different elements of the crime in jurisdictions permitting
animal fighting does not violate Lawson’s equal protection
rights; and that the district court did not err in conducting
Scott Lawson’s trial jointly with the trials of his co-
defendants. However, we hold that the juror’s misconduct
violated Lawson’s right to a fair trial, and we therefore vacate
the convictions for violating the animal fighting statute. For
this reason, we also vacate the conspiracy convictions with
respect to those defendants for which the conspiracy alleged
related solely to the animal fighting activities. Additionally,
we reject the challenges made by several of the defendants to
the illegal gambling convictions, and we affirm the convic-
tions relating to those offenses as well as the conspiracy con-
victions for which illegal gambling was one of the objects of
the conspiracy alleged.

I.

In November 2009, a federal grand jury returned an indict-
ment against Lawson and Leslie Wayne Peeler (the Lawson
indictment),2 alleging one count of participating in a conspir-
acy to violate the Animal Welfare Act, in violation of 18
U.S.C. § 371, and one count of participating in, and/or aiding
and abetting, an unlawful animal fighting venture, in violation
of 7 U.S.C. § 2156(a)(1) and 18 U.S.C. § 2. With respect to
2
The indictment named as Lawson’s and Peeler’s co-defendants Jeffrey
Brian Gibert, Michael Monroe Grooms, Gerald Benfield, John Carlton
Thurman Hoover, Michael T. Rodgers, Johnny Junior Harrison, Coy Dale
Robinson, Jimmie Jesse Hicks, and George William Kelly, alleging that
they committed various acts in connections with the derbies held in Swan-
sea in July 2008 and April 2009. Peeler is a co-party to Lawson’s appeal,
and, like Lawson, proceeded to a trial by jury. Gibert, Grooms, Benfield,
and Hoover (collectively Gibert) entered conditional guilty pleas and have
appealed their convictions in a companion case, United States v. Gibert,
No. 10-4848, ___ F.3d ___ (4th Cir. Apr. 20, 2012). Lawson’s appeal and
Gibert’s appeal proceeded on separate briefing schedules, but this Court
consolidated the two cases for purposes of oral argument. Because the two
cases raise certain distinct legal issues, we are concurrently issuing sepa-
rate opinions for the two cases.
8 UNITED STATES v. LAWSON
the conspiracy charge, the Lawson indictment alleged that
Lawson offered gaffs for sale and sharpened gaffs for individ-
uals who entered birds into a cockfighting event held in
Swansea, South Carolina in July 2008, and that Peeler served
as a referee for a cockfighting event held in Swansea in April
2009. With respect to the violations of the animal fighting
statute that did not involve an alleged conspiracy, the indict-
ment alleged generally that Lawson and Peeler sponsored and
exhibited an animal, or aided and abetted individuals who
sponsored an animal, in an animal fighting venture that
occurred in July 2008, and April 2009, respectively.

The grand jury returned a separate indictment in November
2009 against Nancy Elizabeth Dyal, Sheri M. Hutto, and
Wayne Hugh Hutto (the Dyal indictment), alleging one count
of participating in a conspiracy to violate the Animal Welfare
Act and to engage in an illegal gambling business, in violation
of 18 U.S.C. § 371, two counts of participating in, and/or aid-
ing and abetting, an unlawful animal fighting venture, in vio-
lation of 7 U.S.C. § 2156(a)(1) and 18 U.S.C. § 2, and two
counts of participating in, and/or aiding and abetting, an ille-
gal gambling business, in violation of 18 U.S.C. § 1955 and
18 U.S.C. § 2. A similar indictment was returned against
James Morrow Collins, Jr. in December 2009,3 alleging the
same five counts as alleged in the Dyal indictment, based on
Collins’ alleged role in the Swansea derbies held in July 2008
and April 2009.

With respect to the conspiracy charge, these indictments
alleged that Dyal, Sheri Hutto, Wayne Hutto, and Collins each
helped organize the derbies held in Swansea in July 2008 and
April 2009. These indictments were based on Sheri Hutto’s
alleged acts of announcing the scheduled fighters; Dyal’s
alleged acts of collecting admission fees, checking identifica-
3
This indictment named Gene Audry Jeffcoat as Collins’ co-defendant.
Jeffcoat entered a guilty plea to the charges, and is a party in the Gibert
companion case.
 UNITED STATES v. LAWSON 9
tions for membership in the South Carolina Gamefowl Breed-
ers Association, and selling such memberships during the
derbies; Wayne Hutto’s alleged acts of serving as a referee for
the fights; and Collins’ alleged acts of handling money and
ensuring that the rules were followed. With respect to viola-
tions of the animal fighting statute that did not involve a con-
spiracy, these indictments alleged generally that Dyal, Sheri
Hutto, and Wayne Hutto sponsored and exhibited an animal,
or aided and abetted individuals who sponsored an animal, in
an animal fighting venture that occurred in July 2008 and
April 2009, respectively. With respect to the illegal gambling
statute charges, these indictments alleged that the nature of
the derby, in which owners of fighting birds paid an entry fee
to enter the birds in the derby and were eligible to win a
"purse" if their birds won the most fights, constituted an ille-
gal gambling operation in violation of South Carolina Code
sections 16-19-10 and 16-19-130.

The indictments stemmed from an undercover investigation
conducted by the South Carolina Department of Natural
Resources of a cockfighting organization based in Swansea.
Undercover officers attended and made video recordings of
two cockfighting derbies, held in July 2008 and April 2009.
During these derbies, several individuals, including individu-
als alleged to be part of the conspiracy at issue, entered birds
into cockfighting matches. In these matches, the birds were
"equipped" with gaffs or other sharp, metal objects attached
to their legs. The birds fought their opponent to the death or
at least until one of the birds was physically incapable of con-
tinuing to fight. After paying an entry fee to enter a bird in the
derby, an owner was eligible to win the "purse," the collective
money put up by the entrants minus any amount retained by
the organizers, if the owner’s bird won the most fights.

The district court consolidated the indictments for these
defendants and conducted a single trial, over Scott Lawson’s
objection. During the course of the five-day trial, the parties
called twenty-four witnesses, a majority of whom were repre-
10 UNITED STATES v. LAWSON
sentatives of companies outside South Carolina that manufac-
tured items used in the cockfights. The government presented
this testimony to help establish a nexus between the cock-
fighting activities at issue and interstate commerce, as
required by the elements of 7 U.S.C. § 2156.4 See 7 U.S.C.
§ 2156(g) (defining "animal fighting venture" as "any event,
in or affecting interstate or foreign commerce . . . .").

After about nine hours of deliberations conducted over two
days, the jury returned a verdict finding all defendants guilty
on all counts. As discussed in greater detail in this opinion,
the district court was informed several days after the verdict
that one of the jurors had conducted unauthorized research on
the internet during an overnight recess in the jury delibera-
tions. The district court ordered a hearing, in which it was
determined that a juror researched on Wikipedia the definition
of "sponsor," one of the elements of the offense under the ani-
mal fighting statute. After the hearing, the district court
entered a written order, finding that the juror had committed
misconduct but that the defendants were not prejudiced by the
juror’s actions.5 Accordingly, the district court denied the
defendants’ motion for a new trial.

The district court sentenced Scott Lawson and Peeler to a
term of three years’ probation and a monetary fine. The dis-
trict court sentenced Dyal, Sheri Hutto, and Wayne Hutto
each to a term of imprisonment of 12 months and one day.
The district court determined that Collins was a leader or
organizer of the conspiracy, adjusted his guidelines range
accordingly, denied his motion to reduce his guidelines range
4
The government introduced other categories of evidence to establish an
interstate commerce nexus, including bank records showing that money
collected at the event was deposited into a bank account, and that checks
drawing on those funds were processed outside South Carolina.
5
In this order, the district court also rejected the defendants’ motion for
judgment of acquittal, in which they argued that the evidence was insuffi-
cient to sustain their convictions.
 UNITED STATES v. LAWSON 11
for acceptance of responsibility, and sentenced him to a term
of imprisonment of 21 months, in addition to a monetary fine.
All defendants filed timely notices of appeal.

II.

Lawson first argues that his convictions for violating the
animal fighting statute should be vacated because Congress
lacks power under the Commerce Clause to prohibit the fight-
ing of gamefowl. We addressed this identical argument in
United States v. Gibert, No. 10-4848, ___ F.3d ___ (4th Cir.
Apr. 20, 2012), a companion case that we consolidated with
Lawson’s appeal, for which we are issuing an opinion concur-
rently with our decision in this case.6 In Gibert, we hold that
the activity of animal fighting substantially affects interstate
commerce and, thus, is a subject that Congress has the power
to regulate under the Commerce Clause. For the reasons
stated in our opinion in Gibert, we reject Lawson’s argument
that 7 U.S.C. § 2156 is an unconstitutional exercise of Con-
gress’ powers under the Commerce Clause.

III.

Lawson next argues that the animal fighting statute is
unconstitutional because the statute provides for different ele-
ments of proof in different jurisdictions. We review this issue
of law de novo. United States v. Cheek, 94 F.3d 136, 140 (4th
Cir. 1996).

As Lawson correctly observes, under the animal fighting
statute, if a defendant lives in a jurisdiction where gamefowl
fighting is legal under the laws of that jurisdiction, the gov-
ernment must prove as an additional element of the offense
that the defendant knew that at least one bird in the fighting
6
Gibert involves the same animal fighting venture at issue in this case.
The defendants in Gibert each entered guilty pleas, whereas the defen-
dants in this case proceeded to trial and were convicted by a jury.
12 UNITED STATES v. LAWSON
venture traveled in interstate or foreign commerce. See 7
U.S.C. § 2156(a)(2). In contrast, if a defendant lives in a juris-
diction that prohibits gamefowl fighting, the government need
only prove that the defendant sponsored or exhibited an ani-
mal in an animal fighting venture, irrespective whether the
bird traveled in interstate or foreign commerce. See 7 U.S.C.
§ 2156(a)(1). Lawson contends that this variation in the ele-
ments of the crime constitutes a violation of his equal protec-
tion rights under the Fifth Amendment’s Due Process Clause.7
We disagree with Lawson’s argument.

In analyzing whether a statute’s classification violates an
individual’s equal protection rights, we first analyze the
nature of the classification and the type of activity regulated.
If a statute classifies a person or group by race, alienage, or
national origin, or if the activity impinges upon a fundamental
right protected by the Constitution, the statute is subject to
strict scrutiny review, and will be sustained only if the statute
is narrowly tailored to serve a compelling governmental inter-
est. City of Cleburne v. Cleburne Living Center, 473 U.S. 432,
440 (1985); Morrison v. Garraghty, 239 F.3d 648, 654 (4th
Cir. 2001). However, if the statute’s classification is unrelated
to race, alienage, or national origin, and does not affect a fun-
damental right, the statute generally is subject to rational basis
7
Although the Fifth Amendment does not contain an explicit equal pro-
tection clause as is provided in the Fourteenth Amendment, the Supreme
Court has interpreted the Fifth Amendment’s due process clause as incor-
porating an equal protection aspect. See Adarand Constructors, Inc. v.
Pena, 515 U.S. 200, 217, 224 (1995) (discussing equal protection aspect
of the Fifth Amendment’s due process clause). The Supreme Court has
held that the method of analyzing equal protection claims brought under
the Fifth Amendment is no different than the analysis of such claims under
the Fourteenth Amendment. See Buckley v. Valeo, 424 U.S. 1, 93 (1976)
("Equal protection analysis in the Fifth Amendment area is the same as
that under the Fourteenth Amendment."); see also United States v. Jones,
735 F.2d 785, 792 n.8 (4th Cir. 1984) (same).
 UNITED STATES v. LAWSON 13
review and will be upheld if the statute is rationally related to
a legitimate governmental interest.8 Id.

In this case, the statute relates to animal fighting, which is
not a fundamental right. The statute classifies people on the
basis of the location where they conduct their animal fighting
activities, which is not a suspect classification. Accordingly,
as Lawson concedes, if the statute’s classification is rationally
related to a legitimate governmental interest, his equal protec-
tion challenge fails.

We conclude that the challenged classification is rationally
related to a legitimate government purpose. The increased
evidentiary burden on the government arises only if gamefowl
fighting is legal under the laws of the "State" in which the
gamefowl fighting occurred. The term "State" in the statute
includes not only the 50 states of the United States but also
"the District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession of the United States." 7 U.S.C.
§ 2156(g)(3). Currently, although cockfighting is illegal in all
50 States and the District of Columbia, cockfighting remains
legal in several United States territories such as Guam and
Puerto Rico.9

It is readily apparent that the statute’s additional evidenti-
ary burden, which requires the government to prove actual
knowledge of interstate transportation of birds in cases in
which the animal fighting occurred in a "state" where animal
fighting remains legal, merely reflects the fact that certain
8
Statutes that classify on the basis of gender are subject to "intermediate
scrutiny," and will be upheld if the statutory classification "serves impor-
tant governmental objectives and that the discriminatory means employed
are substantially related to the achievement of those objectives." H.B.
Rowe Co., Inc. v. Tippett, 615 F.3d 233, 242 (4th Cir. 2010) (quoting Miss.
Univ. for Women v. Hogan, 458 U.S. 718, 724 (1982)).
9
See Humane Society, Cockfighting: State Laws Fact Sheet, available
at http://www.humanesociety.org/assets/pdfs/cockfighting_chart_2011.pdf
(updated June 2010).
14 UNITED STATES v. LAWSON
jurisdictions have not proscribed cockfighting within their
borders. Thus, we conclude that the disparate treatment com-
plained of by Lawson was occasioned by the decision of Con-
gress to accommodate principles of federalism, a concern that
unquestionably is a legitimate governmental interest. See
United States v. Bagheri, 999 F.2d 80, 86 (4th Cir. 1993)
(conducting rational basis review and holding that
"[p]rinciples of federalism justify following the distinction
drawn under Maryland law between sentences actually
expunged and those unexpunged but expungeable"); see also
Benjamin v. Jacobson, 172 F.3d 144, 165 (2d Cir. 1999)
(applying rational basis review and concluding that principles
of federalism and judicial restraint underlying congressional
statute are legitimate purposes); Gavin v. Branstad, 122 F.3d
1081, 1090 (8th Cir. 1997) (principle of federalism is a legiti-
mate governmental interest for purposes of rational basis
review); United States v. Cohen, 733 F.2d 128, 137 (D.C. Cir.
1984) (en banc) ("It would be enough, for purposes of ‘ratio-
nal basis’ analysis, merely that [the substantial concern of fed-
eralism] could have underlain the congressional reluctance to
legislate more broadly.") (emphasis in original); Eskra v.
Morton, 524 F.2d 9, 18 (7th Cir. 1975) ("there are several
possible rational bases for the congressional scheme of incor-
poration of state law, including congressional considerations
of federalism"). Accordingly, we reject Lawson’s equal pro-
tection challenge to the animal fighting statute.

IV.

We next consider the district court’s decision joining Scott
Lawson’s trial with the trials of his co-defendants. Scott Law-
son maintains that the district court erred in refusing to grant
him a separate trial under Rule 14 of the Federal Rules of
Criminal Procedure, which provides that a district court may
grant a severance if it appears that a defendant may be "preju-
dice[d]" by a joinder of offenses or of defendants. We dis-
agree with Scott Lawson’s argument.
 UNITED STATES v. LAWSON 15
A district court "may order that separate cases be tried
together as though brought in a single indictment or informa-
tion if all offenses and all defendants could have been joined
in a single indictment or information." Fed. R. Crim. P. 13. A
group of defendants "could have been joined in a single
indictment" if they "are alleged to have participated in the
same act or transaction, or in the same series of acts or trans-
actions, constituting an offense or offenses." Fed. R. Crim. P.
8(b).

Such is the case here, because the indictments against Scott
Lawson and his co-defendants allege that they were all
involved in the same acts and transactions with respect to the
same animal fighting venture and conspiracy.10 Accordingly,
the district court was permitted to exercise its discretion to
join Scott Lawson’s trial with the trials of his co-defendants.

Joint trials promote efficiency and "play a vital role in the
criminal justice system." Richardson v. Marsh, 481 U.S. 200,
209 (1987). Joinder is highly favored in conspiracy trials,
such as the present case. United States v. Chorman, 910 F.2d
102, 114 (4th Cir. 1990); see also United States v. Ford, 88
F.3d 1350, 1361 (4th Cir. 1996) ("For reasons of efficiency
and judicial economy, courts prefer to try joint-conspirators
together.").

A district court’s decision to deny a motion for separate tri-
als will be overturned only for a "clear abuse of discretion."
Chorman, 910 F.2d at 114. We will find a "clear abuse" of the
district court’s discretion only in cases in which the district
court’s denial of such a motion "deprives the defendant of a
fair trial and results in a miscarriage of justice." Id. (citations
and internal quotation marks omitted). Upon our review of the
10
We observe that Scott Lawson was not charged with any gambling-
related offenses, whereas his co-defendants other than Peeler faced such
charges. Scott Lawson does not rely in his argument on the fact that his
co-defendants faced the additional charges relating to gambling.
16 UNITED STATES v. LAWSON
record, we conclude that Scott Lawson cannot show that he
was deprived of a fair trial or that a miscarriage of justice
occurred. Accordingly, we hold that the district court did not
abuse its discretion in joining the charges against Scott Law-
son for trial with his co-defendants.

V.

We next consider Lawson’s argument that he is entitled to
a new trial because a juror committed misconduct by
researching on Wikipedia the term "sponsor," an element of
the crimes charged under the animal fighting statute. Accord-
ing to Lawson, the juror’s misconduct violated Lawson’s
Sixth Amendment right to a fair trial. We review the district
court’s decision denying Lawson’s motion for a new trial pur-
suant to a "somewhat narrowed, modified abuse of discretion
standard," under which we have "more latitude to review the
trial court’s conclusion in this context than in other situa-
tions." Cheek, 94 F.3d at 140 (citation and internal quotation
marks omitted). However, we review any issues of law rele-
vant to this question de novo. Id.

A.

Six days after the jury returned its verdict finding Lawson
guilty on all charges, one of the jurors, Juror 1, informed a
courtroom security officer of potential juror misconduct. Juror
1 stated that another juror, Juror 177, had consulted certain
internet sources the morning before the jury reached its ver-
dict. As later found by the district court, this information
included the definition of the term "sponsor" that appeared on
Wikipedia.11
11
Juror 177 also researched the definition of the term "exhibit," an alter-
native element of the offense, on Merriam-Webster.com, the internet ver-
sion of the Merriam-Webster dictionary. While several members of the
jury were aware that Juror 177 had researched the term "sponsor," none
of the jurors was aware that Juror 177 also had engaged in research of the
term "exhibit." Because the juror’s use of Wikipedia for the term "spon-
sor," standing alone, is determinative of the result we reach on the issue
of juror misconduct, we focus our analysis only on the juror’s use of
Wikipedia.
 UNITED STATES v. LAWSON 17
Juror 177 used a computer printer at his home to reproduce
the Wikipedia entry for the term "sponsor," and later brought
the printout to the jury room when the deliberations resumed.
Juror 177 shared the printout with the jury foreperson, Juror
185, and also attempted to show the material to other jurors,
but was stopped when some of them told him it would be
inappropriate to view the material. These actions violated the
explicit instructions of the district court, which had admon-
ished the jurors not to conduct any outside research about the
case, including research on the internet.12

After being informed about Juror 177’s conduct, the district
court held a hearing to determine whether the verdict had
been tainted by Juror 177’s actions. The district court ques-
tioned each of the twelve jurors who had served on the panel
for Lawson’s trial. During his testimony,13 Juror 177 admitted
that he had conducted internet research, and had brought
material obtained on the internet into the jury room during the
jury deliberations.

At the time of the hearing, which occurred nineteen days
after the jury reached its verdict, Juror 177 no longer was in
possession of his original printout of the Wikipedia entry.
Nevertheless, Juror 177 provided the district court with docu-
ments obtained from Wikipedia a few days before the hearing,
12
The court’s careful oral and written instructions admonished the jury
as follows: "I remind you that during your deliberations, you must not
communicate with or provide any information to anyone by any means
about this case. You may not use any electronic device or media, such as
a telephone, cell phone, smart phone, iPhone, Blackberry or computer; the
internet, any internet device, or any text or instant messaging service; or
any internet chat room, blog, or website such as Facebook, MySpace,
LinkedIn, YouTube, or Twitter, to communicate to anyone any informa-
tion about this case or to conduct any research about this case until I
accept your verdict." (Emphasis added.)
13
In light of the potential for contempt sanctions, the district court
appointed counsel to advise Juror 177 whether he should testify at the
hearing.
18 UNITED STATES v. LAWSON
purportedly after using the same method he had employed in
obtaining the original printout brought to the jury room.14

Despite Juror 177’s efforts to "retrace" his steps, the district
court observed that the material Juror 177 brought to the hear-
ing was somewhat different than the material he produced
during the jury deliberations:

Because the documents provided to the court were
"recreated" after trial, the court cannot determine
with certainty that the documents shown in Court
Ex. 1 are in precisely the same form and contain pre-
cisely the same content as the documents which
Juror 177 brought to the deliberations. The court is,
nonetheless, persuaded that the definitions found on
Court Ex. 1 are in essentially the same form as those
brought in by Juror 177, although there has been at
least some change to the Wikipedia definition of "spon-
sor."15

(Emphasis added.)

During his testimony, Juror 177 admitted discussing his
research with Juror 185, but denied that he had shared the
information with any of the other jurors. Additionally, Juror
177 testified that he did not recall any of the other jurors stat-
ing that it would be improper to consider outside materials.
Juror 177 further testified that the definitions he obtained did
not influence him in deciding the case.
14
The printed material consisted of two items: a one-page document
from the "Free [Merriam] Webster Dictionary" defining the word "ex-
hibit," and a three-page document from Wikipedia that included a defini-
tion and explanation of "Sponsor (Commercial)".
15
The district court provided no explanation for its conclusion that the
definitions brought to the hearing were "in essentially the same form" as
the definitions obtained during jury deliberations.
 UNITED STATES v. LAWSON 19
Although Juror 177 stated that he shared the information
only with Juror 185, at least one other juror testified that Juror
177 also had shared the information with different jurors.
Three jurors testified that they saw Juror 177 produce, or
attempt to produce, the printed definitions to share with the
jury before he was told by the group that using the material
would be inappropriate. Additionally, six jurors heard Juror
177 discuss that he had conducted research on the internet
about a term at issue in the case.

The district court found that Juror 177 "may have orally
shared some portion of the definition with the other jurors."
Additionally, the district court found that portions of Juror
177’s testimony were discredited by the testimony of other
jurors. The district court concluded that Juror 177’s actions
amounted to misconduct.16

Nevertheless, the district court denied Lawson’s motion for
a new trial. The district court employed the five-factor test
announced by the Tenth Circuit in Mayhue v. St. Francis Hos-
pital of Wichita, Inc., 969 F.2d 919 (10th Cir. 1992), which
this Court also has applied, to assess whether Juror 177’s mis-
conduct prejudiced Lawson. In applying these factors, the dis-
trict court did not address Lawson’s argument that he was
entitled to a presumption of prejudice. The district court con-
cluded that there was "no reasonable possibility that the exter-
nal influence caused actual prejudice," and thus denied
Lawson’s motion.

B.

Lawson argues that Juror 177’s unauthorized use of
Wikipedia entitled him to a rebuttable presumption of preju-
dice under United States v. Remmer, 347 U.S. 227 (1954), and
16
The district court later found Juror 177 in contempt of court, and
ordered him to pay a monetary fine and to complete fifty hours of commu-
nity service.
20 UNITED STATES v. LAWSON
that the district court erred in not affording him such a presump-
tion.17 The issue whether the juror’s use of Wikipedia created
a rebuttable presumption of prejudice is a question of law that
we review de novo. See Cheek, 94 F.3d at 140.

In Remmer, the Supreme Court held that a rebuttable pre-
sumption of prejudice arose from a third party’s unauthorized
communication with a juror during the trial.18 347 U.S. at 229.
In announcing this rule, the Court stated that "any private
communication, contact, or tampering, directly or indirectly,
with a juror during a trial about the matter pending before the
jury is, for obvious reasons, deemed presumptively prejudi-
cial." Id. at 229 (emphasis added). However, the Court cau-
tioned that this "presumption of prejudice" did not establish
a per se requirement of a new trial. Id. The Court stated that
"[t]he presumption is not conclusive, but the burden rests
heavily upon the Government to establish, after notice to and
hearing of the defendant, that such contact with the juror was
harmless to the defendant." Id.

i.

Before we address the question whether the Remmer rebut-
table presumption is applicable to a juror’s unauthorized ref-
erence to a Wikipedia entry, we first must consider whether
that presumption has been altered by more recent Supreme
Court decisions. While the Supreme Court has not departed
explicitly from its holding in Remmer, there is a split among
the circuits regarding the issue whether the Remmer presump-
17
We observe that the government failed to address in its brief Lawson’s
"presumption of prejudice" argument, despite the fact that Lawson
devoted eight pages in his briefs to that argument.
18
In Remmer, a juror reported to the judge that an unknown individual
attempted to bribe him. 347 U.S. at 228. The Federal Bureau of Investiga-
tion conducted an investigation and concluded that the contact was made
in jest. Id. The judge consulted with the prosecutors, who agreed that the
contact was harmless, but defense counsel apparently was not included in
these discussions. Id.
 UNITED STATES v. LAWSON 21
tion has survived intact following certain later Court deci-
sions.

At issue in this debate are the Supreme Court’s decisions
in Smith v. Phillips, 455 U.S. 209 (1982), and United States
v. Olano, 507 U.S. 725 (1993). In Phillips, a habeas corpus
appeal presenting questions of bias concerning a juror who
had applied for a job in the prosecutor’s office, the Supreme
Court held that due process required that the trial court hold
a hearing during which "the defendant has the opportunity to
prove actual bias." 455 U.S. at 215 (emphasis added). In
Olano, a direct appeal involving a trial court’s decision to
allow alternate jurors to be present during jury deliberations,
the Supreme Court cited Remmer while observing that
"[t]here may be cases where an intrusion should be presumed
prejudicial, but a presumption of prejudice as opposed to a
specific analysis does not change the ultimate inquiry: Did the
intrusion affect the jury’s deliberations and thereby its ver-
dict?" 507 U.S. at 739 (internal citations omitted).

Because Olano was a case decided on direct appeal, we
take particular note of that decision here. From our reading of
Olano, we conclude that the Supreme Court’s discussion, of
the "ultimate inquiry" to be performed in cases involving "in-
trusions" into a jury’s deliberations, suggests that this inquiry
may be framed either as a rebuttable presumption or as a spe-
cific analysis of the intrusion’s effect on the verdict. See id.

This Court’s decisions addressing such external influences
on a jury’s deliberations reflect that the Remmer rebuttable
presumption remains live and well in the Fourth Circuit. In
Stockton v. Virginia, 852 F.2d 740, 742-43 (4th Cir. 1988), we
cited Remmer and applied the rebuttable presumption in a
case involving a restaurant owner’s comments to a few mem-
bers of the jury, eating at the restaurant during a break in sen-
tencing deliberations, that "they ought to fry the son of a
bitch."
22 UNITED STATES v. LAWSON
In applying the Remmer analysis, and in granting the defen-
dant a new sentencing hearing because the government failed
to rebut the presumption, we expressly held in Stockton that
the Supreme Court’s decision in Phillips did not overturn the
holding in Remmer. We distinguished the facts presented in
Phillips, and concluded that in cases in which "the danger is
not one of juror impairment or predisposition, but rather the
effect of an extraneous communication upon the deliberative
process of the jury," the Remmer presumption is applicable.
Stockton, 852 F.2d at 744.

Similarly, in Cheek, we applied the Remmer presumption
after the Supreme Court’s decision in Olano and awarded the
defendant a new trial in a case involving a bribe attempt on
one of the jurors. 94 F.3d at 138. We stated that once a defen-
dant introduces evidence that there was an extrajudicial com-
munication that was "more than innocuous," the Remmer
presumption is "triggered automatically," and "[t]he burden
then shifts to the [government] to prove that there exists no
‘reasonable possibility that the jury’s verdict was influenced
by an improper communication.’" Cheek, 94 F.3d at 141
(quoting Stephens v. S. Atl. Canners, Inc., 848 F.2d 484, 488-
89 (4th Cir. 1988)).

We most recently discussed and applied the Remmer pre-
sumption in United States v. Basham, 561 F.3d 302 (4th Cir.
2009). The decision in Basham involved a juror who had con-
tacted several news media outlets during the penalty phase of
the trial. Id. at 316. In holding that Basham was not entitled
to a new trial as a result of the juror’s misconduct, we applied
the Remmer presumption using the analysis set forth in Cheek,
and concluded that the district court did not err in holding that
the government had rebutted the presumption. Id. at 319-21;
see also United States v. Blauvelt, 638 F.3d 281, 294-95 (4th
Cir. 2011) (discussing the Remmer presumption of prejudice
but holding it inapplicable to a juror’s "innocuous" email
exchange, concerning a wholly unrelated subject, with an
 UNITED STATES v. LAWSON 23
assistant federal prosecutor who was not involved in defen-
dant’s trial).

We have been joined by several of our sister circuits,
including the Second, Seventh, Ninth, Tenth, and Eleventh
Circuits, in continuing to apply the Remmer presumption in
cases involving external influences on jurors. See United
States v. Greer, 285 F.3d 158, 173 (2d Cir. 2002) (citing Rem-
mer for proposition that "[i]t is well-settled that any extra-
record information of which a juror becomes aware is pre-
sumed prejudicial" and that "[a] government showing that the
information is harmless will overcome this presumption");
United States v. Moore, 641 F.3d 812, 828 (7th Cir. 2011)
(same); United States v. Dutkel, 192 F.3d 893, 895-96 (9th
Cir. 1999) (applying Remmer presumption in jury tampering
case and disagreeing that the presumption has been abro-
gated); Mayhue, 969 F.2d at 922 (10th Cir.) ("The law in the
Tenth Circuit is clear. A rebuttable presumption of prejudice
arises whenever a jury is exposed to external information in
contravention of a district court’s instructions."); United
States v. Ronda, 455 F.3d 1273, 1299 (11th Cir. 2006) (if
defendant establishes that jury has been exposed to extrinsic
evidence or contacts, "prejudice is presumed and the burden
shifts to the government to rebut the presumption"); see also
United States v. Bradshaw, 281 F.3d 278, 287-88 (1st Cir.
2002) (observing that the Remmer presumption is still appli-
cable in First Circuit "only where there is an egregious tam-
pering or third party communication which directly injects
itself into the jury process") (citation omitted); United States
v. Lloyd, 269 F.3d 228, 238 (3d Cir. 2001) (applying pre-
sumption of prejudice when a jury is exposed to extraneous
information "of a considerably serious nature").

We note, however, that in contrast to these decisions apply-
ing the Remmer presumption, the Fifth, Sixth, Eighth, and
District of Columbia Circuits have departed from use of the
presumption. These circuits have taken this contrary position
based on their view of Phillips and Olano. See United States
24 UNITED STATES v. LAWSON
v. Sylvester, 143 F.3d 923, 933-35 (5th Cir. 1998) (holding
that Phillips and Olano effectively rejected Remmer’s rebutta-
ble presumption, and that "only when the [trial] court deter-
mines that prejudice is likely should the government be
required to prove its absence"); United States v. Williams-
Davis, 90 F.3d 490, 495-97 (D.C. Cir. 1996), (holding that
Phillips and Olano narrowed the Remmer presumption, and
that trial court must determine whether particular intrusion
showed "likelihood of prejudice," which would place on the
government the burden of proving harmlessness); United
States v. Pennell, 737 F.2d 521, 532 (6th Cir. 1984) (holding
that Phillips altered law such that Remmer rebuttable pre-
sumption is no longer applicable, and that burden to establish
prejudice rests with defendant); see also United States v.
Blumeyer, 62 F.3d 1013, 1017 (8th Cir. 1995) (citing Olano
for proposition that defendant has burden to prove actual prej-
udice in cases involving extrinsic juror contact pertaining to
issues of law, but not to issues of fact).

ii.

a.

The continued vitality of Remmer in this Circuit, however,
does not resolve the question whether the presumption is
applicable in cases involving a juror’s unauthorized use of
Wikipedia. Initially, we observe that an allegation of jury
tampering or of a juror’s contact with a third party, such as
the incidents that occurred in Remmer, Stockton, Cheek, and
Basham, is of a much different character than a juror’s unau-
thorized use of a dictionary during jury deliberations.
Although we previously have considered incidents in which
a juror committed misconduct by consulting a dictionary, as
described below, the question whether a rebuttable presump-
tion of prejudice arises in such a situation is an issue of first
impression in this Court in a case presented on direct appeal.

We first encountered a situation involving a juror’s unau-
thorized use of a dictionary in United States v. Duncan, 598
 UNITED STATES v. LAWSON 25
F.2d 839 (4th Cir. 1979), a direct appeal involving a juror’s
reference during jury deliberations to dictionary definitions of
the terms "motive" and "intent". Id. at 866. In our abbreviated
discussion in which we rejected Duncan’s argument that he
was entitled to a new trial on that basis, we observed that
"[w]hile reference to the dictionary was misconduct, it was
not prejudicial per se," as Duncan had argued. Id. (emphasis
added). The question whether such misconduct raised a rebut-
table presumption of prejudice was not at issue in Duncan.

We also addressed jurors’ unauthorized use of a dictionary
in two habeas corpus appeals, McNeill v. Polk, 476 F.3d 206
(4th Cir. 2007), and Bauberger v. Haynes, 632 F.3d 100 (4th
Cir. 2011). Because those cases involved petitions for habeas
corpus relief, the analysis we employed was restricted by the
provisions of 28 U.S.C. § 2254, as amended by the Antiterro-
rism and Effective Death Penalty Act of 1996 (AEDPA).19 See
Vigil v. Zavaras, 298 F.3d 935, 941 n.6 (10th Cir. 2002)
(explaining that although on direct appeal, rebuttable pre-
sumption of prejudice arises when jury is exposed to unautho-
rized external information, this presumption is inapplicable in
habeas context). Although our standard of review in McNeill
and Bauberger was different from the standard we use in the
present direct appeal, one particular aspect of those cases is
particularly helpful here.

In McNeill, separate opinions authored by two of the
panel’s judges analyzed the issue of prejudice under factors
identified by the Tenth Circuit in Mayhue, 969 F.2d 919, in
considering the effect of a juror’s unauthorized reference to a
19
We routinely resolve petitions for a writ of habeas corpus by analyz-
ing the petitioner’s claims for "harmless error" under the demanding stan-
dard for such cases announced in Brecht v. Abrahamson, 507 U.S. 619,
637 (1993). Under the Brecht standard, a habeas petitioner may secure a
writ only if he demonstrates that the error "actual[ly] prejudice[d]" him,
which requires a showing that the error had a "substantial and injurious
effect or influence in determining the jury’s verdict." Id. (citing Kotteakos
v. United States, 328 U.S. 750, 776 (1946)).
26 UNITED STATES v. LAWSON
dictionary. McNeill, 476 F.3d at 226 (King, J., concurring in
judgment); id. at 229 (Gregory, J., dissenting in judgment)
(same). Similarly, in Bauberger, although our opinion did not
refer directly to Mayhue, we cited portions of the opinions in
McNeill that employed the Mayhue factors. See Bauberger,
632 F.3d at 106 (discussing factor used in Judge King’s and
Judge Gregory’s separate opinions in McNeill that originated
in Mayhue); id. at 108 (same); id. at 108-09 (same). We will
discuss these Mayhue factors, on which the district court
relied, later in this opinion.

b.

In resolving the question whether the Remmer presumption
applies to a juror’s use of a dictionary definition during delib-
erations, we note that our sister circuits also are divided on
this question. In examining their holdings, a clear and predict-
able pattern is evident. Unsurprisingly, the courts that have
applied a rebuttable presumption of prejudice in "dictionary"
cases, or alternatively have held that the government bears the
burden of establishing that no prejudice occurred, are among
the courts that have rejected the view that Remmer has been
abrogated. See e.g., Marino v. Vasquez, 812 F.2d 499, 505
(9th Cir. 1987) (holding that unauthorized use of dictionary
definitions is reversible error and that government must estab-
lish that error is harmless beyond reasonable doubt); United
States v. Aguirre, 108 F.3d 1284, 1288 (10th Cir. 1997) (cit-
ing Mayhue for proposition that "jury’s exposure to extrinsic
information [such as a dictionary definition] gives rise to a
rebuttable presumption of prejudice"); United States v. Marti-
nez, 14 F.3d 543, 550 (11th Cir. 1994) (in case involving sev-
eral categories of extrinsic evidence, including unauthorized
use of dictionary to define terms discussed during delibera-
tions, holding that "we assume prejudice and thus, we must
consider whether the government rebutted that presumption");
see also United States v. Console, 13 F.3d 641, 665-66 (3d
Cir. 1993) (applying presumption of prejudice in case in
which juror discussed definition of RICO with her sister, an
 UNITED STATES v. LAWSON 27
attorney, and shared the attorney’s definition with other jurors
during deliberations).

In contrast, the courts that have declined to apply a pre-
sumption of prejudice in these "dictionary" cases are some of
the same courts that have held that the Remmer rebuttable pre-
sumption of prejudice is no longer applicable.20 See e.g.,
United States v. Gillespie, 61 F.3d 457, 460 (6th Cir. 1995)
("if members of the jury in fact used the dictionary definition
[to reach their verdict], the defendant must prove that he was
prejudiced thereby; prejudice is not presumed"); United States
v. Cheyenne, 855 F.2d 566, 568 (8th Cir. 1988) (if the jury
"simply supplements the [trial] court’s instructions of law
with definitions culled from a dictionary, it remains within the
province of the judge to determine" whether the defendant
was prejudiced); Williams-Davis, 90 F.3d at 502-03 (D.C.
Cir.) (holding presumption of prejudice inapplicable to juror’s
reading of a dictionary definition during deliberations).

Relying on our prior application of the Remmer presump-
tion, see Basham, 561 F.3d at 319-21; Cheek, 94 F.3d at 141;
Stockton, 852 F.2d at 744, we conclude this presumption like-
wise is applicable when a juror uses a dictionary or similar
resource to research the definition of a material word or term
at issue in a pending case. In reaching this conclusion, we
observe that many of the concerns that arise when a juror dis-
cusses a case with a third party, such as the incident that
occurred in Basham, are likewise concerns inherent in a
juror’s unauthorized use of a dictionary during jury delibera-
tions. In both instances, a defendant’s Sixth Amendment right
to a fair trial is at issue, and the sanctity of the jury and its
20
Additionally, the First Circuit examined a juror’s use of a dictionary
without mentioning Remmer or otherwise opining who bears the burden
of establishing prejudice. See United States v. Rogers, 121 F.3d 12, 17 (1st
Cir. 1997) (in case involving jurors use of a dictionary definition, for a
term on which the district court issued a subsequent legal instruction,
holding that "the district court must determine whether any misconduct
has occurred and if so, whether it was prejudicial").
28 UNITED STATES v. LAWSON
deliberations have been threatened. In both instances, an
extrinsic influence has been injected into the trial, the content
of which is beyond the trial court’s ability to control. And, in
both instances, the procedural and substantive protections that
the law affords to the judicial process are limited.21

In the present case, the content of the extrinsic influence is
of particularly great concern, because the Wikipedia defini-
tion of the term "sponsor" addressed an element of the animal
fighting offenses for which the defendants were on trial. Thus,
Juror 177’s use of a dictionary definition concerning this con-
tested element of the offense was inherently "more than [an]
innocuous" incident. See Basham, 561 F.3d at 319. Accord-
ingly, we apply the Remmer presumption here, and turn now
to consider whether the government has rebutted the presump-
tion of prejudice that has arisen in this case.

C.

In determining whether the government has rebutted this
presumption of prejudice, we agree with the district court’s
analysis that the Mayhue factors, employed in McNeill, pro-
vide the proper framework for our consideration of the par-
ties’ arguments.22 These factors include:

(1) The importance of the word or phrase being
defined to the resolution of the case.
21
We note that these concerns are greater here because the district court
only became aware of the juror misconduct after the verdicts and, thus, did
not have an opportunity to take remedial action, such as giving a curative
instruction to the jury. Accordingly, our analysis in the present case does
not purport to be applicable to other situations in which misconduct is dis-
covered before a verdict is reached, and the district court appropriately
acts to alleviate the potential for prejudice.
22
The parties each cite Mayhue and rely on the Mayhue factors in sup-
port of their respective arguments.
 UNITED STATES v. LAWSON 29
(2) The extent to which the dictionary definition dif-
fers from the jury instructions or from the proper
legal definition.

(3) The extent to which the jury discussed and
emphasized the definition.

(4) The strength of the evidence and whether the jury
had difficulty reaching a verdict prior to introduction
of the dictionary definition.

(5) Any other factors that relate to a determination of
prejudice.

Mayhue, 969 F.2d at 924.

In applying these factors, our consideration of the jurors’
testimony is constrained by Rule 606(b) of the Federal Rules
of Evidence. This Rule generally prohibits the consideration
of post-verdict juror testimony concerning "any statement
made or incident that occurred during the jury’s deliberations;
the effect of anything on that juror’s or another juror’s vote;
or any juror’s mental processes concerning the verdict or
indictment." Fed. R. Evid. 606(b)(1).

The Rule provides a very limited exception, which allows
a juror to testify regarding whether "extraneous prejudicial
information was improperly brought to the jury’s attention;"
or whether "an outside influence was improperly brought to
bear on any juror."23 Fed. R. Evid. 606(b)(2). Thus, "although
a juror can testify that she consulted an extraneous influence
and related her findings to the panel, neither she nor any other
juror can testify about any effect the extraneous influence
may have had on the verdict or on the jury deliberations."
23
The Rule provides a third exception for juror testimony concerning
whether "a mistake was made in entering the verdict on the verdict form."
Fed. R. Evid. 606(b)(2)(C).
30 UNITED STATES v. LAWSON
McNeill, 476 F.3d at 226 (King, J., concurring in judgment)
(citing Fed. R. Evid. 606(b), and Mayhue, 969 F.2d at 921).

i.

The first Mayhue factor, the importance of the word or term
at issue to the resolution of the case, weighs heavily in Law-
son’s favor. Juror 177 used Wikipedia to research the term
"sponsor," which is an element of the animal fighting offenses
for which Lawson was on trial. See 7 U.S.C. § 2156 ("it shall
be unlawful for any person to knowingly sponsor or exhibit
an animal in an animal fighting venture"). Indeed, the district
court agreed that the term "sponsor" was important to the case
for this reason.

The government’s argument with respect to this factor is
especially weak. The government concedes that the term
"sponsor" "may be crucial to 7 U.S.C. § 2156," but argues that
the term was not crucial to the verdict in this case. In essence,
despite the absence of a special verdict form with respect to
this issue, the government argues that the jury necessarily
convicted Lawson under an "aiding and abetting" theory of
liability rather than under a theory of principal liability. In
advancing this argument, the government relies on the testi-
mony of Juror 185, who stated that any words researched by
Juror 177 became "null and void" because the jury "ended up
. . . using a different section of the jury instruction . . . for the
section that we were deliberating on. . . . [We] didn’t need
that word."

We must reject the government’s argument, because a con-
trary conclusion would undermine the very purpose of Rule
606(b). As we have explained, Rule 606(b) prohibits testi-
mony concerning jurors’ thought processes during delibera-
tions. The government’s reliance on Juror 185’s testimony,
which discusses the basis on which the jury rested its deci-
sion, goes far beyond the bounds of the limited exceptions
provided in Rule 606(b). See Cheek, 94 F.3d at 143 ("Rule
 UNITED STATES v. LAWSON 31
606(b) prohibits all inquiry into a juror’s mental process in
connection with the verdict."). Accordingly, we resolve the
first Mayhue factor in Lawson’s favor.

ii.

The second Mayhue factor, "the extent to which the dictio-
nary definition differs from the jury instructions or from the
proper legal definition," presents a unique question in these cir-
cumstances.24 The district court hearing took place nineteen
days after Juror 177 conducted his internet research, and Juror
177 no longer retained the printout of his original research. As
the district court recognized, "definitions on Wikipedia are
subject to change by users, and the definition at issue (of
‘sponsor’) had, according to Court’s Ex. 1, been changed
between the time Juror 177 consulted this external source and
when he repeated the same steps to produce Court’s Ex. 1."25
Accordingly, the district court properly "assume[d] that the
definition of ‘sponsor’ shown in Court’s Ex. 1 is different in
at least some respects from what Juror 177 obtained and con-
sulted during deliberations."

Despite these observations, the district court concluded that
"the meaning Juror 177 appears to have taken from the
lengthy definition and related discussion" in the Wikipedia
entry for "sponsor" was "consistent with the definition that the
court would have provided had it been asked for a definition."
The district court further concluded that "any meaning ger-
mane to this action which may be drawn from the definition
has remained unchanged." Upon our review of the record, and
taking into account the fact that the government bears the bur-
24
We note that the district court did not provide a jury instruction con-
cerning the definition of "sponsor."
25
The "date stamp" on the Wikipedia printout provided by Juror 177
indicates that he researched and printed the document on May 20, 2010,
14 days after he first researched the term, and five days before the district
court’s hearing.
32 UNITED STATES v. LAWSON
den of rebutting the presumption under Remmer, we conclude
that the district court’s analysis of this second Mayhue factor
is highly speculative.

We are greatly concerned about the use of Wikipedia in this
context. As an initial matter, we observe with near certainty
that the Wikipedia entry that Juror 177 researched contained
significantly more information than any traditional legal defi-
nition of the term "sponsor." The Wikipedia entry for that
term reviewed by the district court is three pages long, and
contains a thirteen-paragraph "definition" that reads more like
a narrative than a definition. This Wikipedia entry also con-
tained a three-paragraph section titled "sponsorship controver-
sies," as well as internal and external "weblinks." Thus, even
if some part of the Wikipedia entry is not in direct substantive
conflict with traditional legal definitions of the term "spon-
sor," the expansive nature of that Wikipedia entry suggests
that "[t]he extent to which the [Wikipedia] definition differs
from the proper legal definition" likely is significant. See
Mayhue, 969 F.2d at 924.

Most importantly, however, we have no indication in the
record regarding the actual content of the Wikipedia entry for
the term "sponsor" that Juror 177 obtained. The government
has not argued, nor has it provided evidence establishing, that
the Wikipedia entry for the term "sponsor" can be retraced to
its form when Juror 177 first researched the term. Moreover,
even assuming that previous Wikipedia entries can be
retrieved,26 we would be unable to consider this fact on appeal
in the absence of a firm basis in the record for concluding that
the Wikipedia archives themselves are accurate and trustwor-
thy. Thus, it is apparent that Juror 177’s use of Wikipedia,
under the circumstances of this case, makes meaningful anal-
26
We observe that Wikipedia claims that its software "retains a history
of all edits and changes." See http://en.wikipedia.org/wiki/
Wikipedia:About#Strengths.2C_weaknesses.2C_and_article_quality_in_
Wikipedia (accessed on April 16, 2012).
 UNITED STATES v. LAWSON 33
ysis of the second Mayhue factor impossible. Accordingly,
because the Remmer rebuttable presumption places the evi-
dentiary burden on the government, we must conclude that
this factor weighs in favor of Lawson.

iii.

The third Mayhue factor requires us to consider "[t]he
extent to which the jury discussed and emphasized the defini-
tion." See Mayhue, 969 F.2d at 924. We agree with the district
court’s conclusion that the jurors with whom Juror 177 may
have shared his research, or who were aware that Juror 177
conducted such research, placed little emphasis on the
Wikipedia definition obtained by Juror 177.

That conclusion, however, does not end our inquiry. We
have held previously that "if even a single juror’s impartiality
is overcome by an improper extraneous influence, the accused
has been deprived of the right to an impartial jury." Fullwood
v. Lee, 290 F.3d 663, 678 (4th Cir. 2002) (citing Parker v.
Gladden, 385 U.S. 363, 366 (1966) (per curiam)). Thus, the
impact that the extrinsic information had on the juror who
obtained the information is important in and of itself. The dis-
trict court noted from Juror 177’s testimony that he gave little
emphasis to the definition in deciding the case. However, the
district court did not consider this aspect of Juror 177’s testi-
mony in the context of the government’s evidentiary burden
on this issue.

When considered in that context, we observe that several
other material aspects of Juror 177’s testimony were contra-
dicted by the testimony of the other members of the jury.
Therefore, in view of the government’s burden, we conclude
with regard to the third Mayhue factor that the extent to which
Juror 177 was influenced by Wikipedia remains uncertain.

iv.

We next examine the fourth Mayhue factor, namely "[t]he
strength of the evidence and whether the jury had difficulty
34 UNITED STATES v. LAWSON
reaching a verdict prior to introduction of the dictionary defi-
nition." With regard to the strength of the evidence, the dis-
trict court held that "the evidence against each of the
Defendants in the consolidated trial was strong." However,
we note that the district court appeared to rely on the possibil-
ity that the jurors convicted Lawson on the alternative theory
of aiding and abetting. For instance, the district court noted
that "[a]s to the definition[ ] of ‘sponsor’ . . . , it is significant
that each of the Defendants could be convicted not only for
his or her own activities, but (depending on the charge) for
conspiring with or aiding and abetting others in exhibiting or
sponsoring an animal in an animal fighting venue."

As we already have observed, the issue whether the jury
convicted Lawson under an aiding and abetting theory cannot
be resolved in this case without inviting improper speculation
and violating the general prohibition of Rule 606(b). Addi-
tionally, because we are not examining the sufficiency of the
evidence under a deferential standard applicable to such
inquiries, we are unable to consider that the jury may have
relied on one theory of liability over another. Cf. United
States v. Burgos, 94 F.3d 849, 863 (4th Cir. 1996) (en banc)
(in reviewing challenges to the sufficiency of the evidence
supporting a conviction, our task is to determine, "viewing the
evidence and the reasonable inferences to be drawn therefrom
in the light most favorable to the Government, whether the
evidence adduced at trial could support any rational determi-
nation of guilty beyond a reasonable doubt.") (internal quota-
tion marks omitted) (emphasis added). Instead, we must
examine whether the evidence was strong with regard to the
issue whether Lawson "sponsor[ed]" an animal in an animal
fighting venture. On this narrow issue, the government does
not provide meaningful argument.27 Thus, we are unable to
27
The government merely argues in a conclusory manner that "[t]he evi-
dence against all defendants was strong. Each defendant was identified on
video, and each defendant was described as either actively participating in
the events, or aiding and abetting in their own way (as organizers, referees
or gaff makers)." Gov’t Br. at 51-52.
 UNITED STATES v. LAWSON 35
state for purposes of applying the Remmer presumption that
the evidence against Lawson was strong.

We also consider under this Mayhue factor whether the jury
had difficulty reaching a verdict prior to Juror 177’s
Wikipedia research. The jury began its deliberations on
Thursday, May 6, 2010 at about 4:00 p.m. The jury was
excused for the evening after 5:30 p.m. Juror 177 researched
and printed the Wikipedia entry defining the term "sponsor"
the next morning, shortly before the jury resumed delibera-
tions at about 9:00 a.m. The jury reached its verdict at about
4:30 p.m. that afternoon. Based on this timeline, we cannot
say that the jury had difficulty reaching a verdict prior to
Juror 177’s improper research. Accordingly, although we con-
clude that this inquiry is of limited import in this case, this
aspect of the fourth Mayhue factor weighs in favor of the gov-
ernment. When balanced, however, with the "strength of the
evidence" inquiry discussed above, the fourth Mayhue factor
either is in equipoise or weighs in favor of Lawson.

v.

Finally, we consider the fifth Mayhue factor, a "catch all"
factor that allows us to consider "[a]ny other factors that
relate to a determination of prejudice." We observe here
another aspect of Wikipedia, namely, its reliability. According
to the "Wikipedia:About" entry, at least in its form as of April
16, 2012, Wikipedia describes itself as "a multilingual, web-
based, free-content encyclopedia project based on an openly
editable model." http://en.wikipedia.org/wiki/Wikipedia
:About (the "About Wikipedia" entry). Indeed, the "About
Wikipedia" entry notes that:

Wikipedia is written collaboratively by largely anon-
ymous Internet volunteers who write without pay.
Anyone with Internet access can write and make
changes to Wikipedia articles (except in certain
cases where editing is restricted to prevent disruption
36 UNITED STATES v. LAWSON
or vandalism). Users can contribute anonymously,
under a pseudonym, or with their real identity, if
they choose.

Id. The "About Wikipedia" entry further notes that "[a]nyone
with Web access can edit Wikipedia . . . . About 91,000 edi-
tors—from expert scholars to casual readers—regularly edit
Wikipedia." Id.

Given the open-access nature of Wikipedia, the danger in
relying on a Wikipedia entry is obvious and real. As the
"About Wikipedia" material aptly observes, "[a]llowing any-
one to edit Wikipedia means that it is more easily vandalized
or susceptible to unchecked information." Id. Further,
Wikipedia aptly recognizes that it "is written largely by ama-
teurs." Id.

We observe that we are not the first federal court to be trou-
bled by Wikipedia’s lack of reliability.28 See Bing Shun Li v.
Holder, 400 F. App’x 854, 857-58 (5th Cir. 2010) (expressing
"disapproval of the [immigration judge’s] reliance on
Wikipedia and [warning] against any improper reliance on it
or similarly unreliable internet sources in the future"); Badasa
v. Mukasey, 540 F.3d 909, 910–11 (8th Cir. 2008) (criticizing
immigration judge’s use of Wikipedia and observing that an
entry "could be in the middle of a large edit or it could have
been recently vandalized"); Crispin v. Christian Audigier,
Inc., 717 F. Supp. 2d 965, 977 (C.D. Cal. 2010) (criticizing
parties’ reliance on Wikipedia); Kole v. Astrue, No. CV 08-
0411, 2010 WL 1338092, at *7 n.3 (D. Idaho Mar. 31, 2010)
(admonishing counsel from using Wikipedia as an authority,
28
We note, however, that this Court has cited Wikipedia as a resource
in three cases. See Brown v. Nucor Corp., 576 F.3d 149, 156 n.9 (4th Cir.
2009) (citing Wikipedia entry as a second authority for the term "standard
deviation"); United States v. Smith, 275 F. App’x 184, 185 n.1 (4th Cir.
2008) (unpublished) (quoting Wikipedia definition of a "peer-to-peer"
computer network); Ordinola v. Hackman, 478 F.3d 588, 594 n.4 (4th Cir.
2007) (citing Wikipedia entry for definition of "calcium oxide").
 UNITED STATES v. LAWSON 37
observing that "Wikipedia is not a reliable source at this level
of discourse"); Baldanzi v. WFC Holdings Corp., No.
07–CV–9551, 2010 WL 125999, at *3 n.1 (S.D.N.Y. Jan. 13,
2010) (observing that Wikipedia "touts its own unreliability");
Campbell ex rel. Campbell v. Secretary of Health and Human
Servs., 69 Fed. Cl. 775, 781 (Fed. Cl. 2006) (observing dan-
gers inherent in relying on Wikipedia entry).

vi.

In balancing the Mayhue factors discussed above, we con-
clude as a matter of law that the government has failed to
rebut the Remmer presumption of prejudice. The first factor,
the importance of the term at issue, weighs strongly in favor
of Lawson. The second, third, and fourth factors either present
close questions or weigh in Lawson’s favor due to the eviden-
tiary and analytical uncertainties present in this case. The fifth
factor weighs in Lawson’s favor.

These conclusions reflect the fact that there remain many
unresolved questions in this case due to the unreliability and
ever-changing nature of Wikipedia, to Juror 177’s failure to
retain a copy of the printout containing the entry he examined,
to the government’s failure to establish whether the entry
could be "retraced," to the differences between Juror 177’s
recollection of the events at issue and the recollections of his
fellow jurors, and to the constraints imposed by Fed. R. Evid.
606(b). We do not know what the Wikipedia entry actually
said, how it may have differed from a traditional legal defini-
tion of the term "sponsor," whether Juror 177 used the entry
in arriving at his decision, and under what theory of liability
the jury convicted the defendants. In short, there are many
uncertainties here, and, under Remmer, "it is the prosecution"
that "bears the risk of uncertainty." United States v. Vasquez-
Ruiz, 502 F.3d 700, 705 (7th Cir. 2007). Therefore, because
the government has a "heavy obligation" to rebut the pre-
sumption of prejudice by showing that "there is no reasonable
possibility that the verdict was affected by the" external influ-
38 UNITED STATES v. LAWSON
ence, Cheek, 94 F.3d at 142, the government’s showing in this
case, as a matter of law, does not satisfy that obligation.

We do not set aside a jury’s verdict lightly. However, the
Sixth Amendment "guarantees to the criminally accused a fair
trial by a panel of impartial, ‘indifferent’ jurors." Irvin v.
Dowd, 366 U.S. 717, 722 (1961). We have held that "[n]o
right touches more the heart of fairness in a trial." Stockton,
852 F.2d at 743. In this case, we are unable to say that Juror
177’s use of Wikipedia did not violate the fundamental pro-
tections afforded by the Sixth Amendment. Accordingly, we
vacate the appellants’ convictions under the animal fighting
statute, and we award them a new trial with respect to those
charges.29

VI.

We next consider the challenges made by several of Scott
Lawson’s co-defendants, including Dyal, Sheri Hutto, Wayne
Hutto, and Collins (collectively, Dyal), to their convictions
for conspiracy to engage in an illegal gambling business, in
violation of 18 U.S.C. § 371, and for operating an illegal gam-
bling business, in violation of 18 U.S.C. § 1955 (collectively,
the gambling convictions).30 The language of 18 U.S.C.
29
We address the conspiracy convictions relating to the animal fighting
statute later in this opinion. Additionally, in light of our conclusion regard-
ing the juror’s misconduct, we need not address Lawson’s other statutory
and evidentiary challenges to his convictions relating to the Animal Wel-
fare Act. These additional issues that we do not address include: (1)
whether the district court erred in denying the defendants’ motion for
judgment of acquittal based on the sufficiency of the evidence pertaining
to the animal fighting venture’s connection to interstate commerce; (2)
whether the district court erred in denying the defendants’ request to
instruct the jury that the government had the burden to prove that the
defendants’ activities had a substantial effect on interstate commerce for
a conviction to obtain; and (3) whether the district court erred in admitting
certain evidence relating to Lawson’s sale of gaffs.
30
Lawson and Peeler were not charged with participating in any gam-
bling activities relating to the animal fighting venture.
 UNITED STATES v. LAWSON 39
§ 1955 provides, in relevant part, that "[w]hoever conducts,
finances, manages, supervises, directs, or owns all or part of
an illegal gambling business shall be fined under this title or
imprisoned not more than five years, or both." The statute
defines an "illegal gambling business" in relevant part as a
"gambling business which is a violation of the law of a State
or political subdivision in which it is conducted." 18 U.S.C.
§ 1955(b)(1)(i).

Dyal raises two arguments in seeking to overturn the gam-
bling convictions. First, Dyal contends that the district court
erred in failing to charge the jury that Dyal must have known
that her conduct constituted gambling under South Carolina
law. Second, Dyal argues that the district court erred in
instructing the jury that the South Carolina gambling statute,
S.C. Code § 16-19-130, is violated when a person pays an
entry fee to enter a contest of skill and the winnings depend
on the number of entries. Both these arguments address issues
of law, and, accordingly, we review these issues de novo.
Cheek, 94 F.3d at 140.

A.

Dyal argues that the district court erred by failing to
instruct the jury that the defendants must know that their con-
duct constituted illegal gambling under South Carolina law.31
According to Dyal, the district court’s construction of the stat-
ute improperly eliminated any mens rea requirement, and
allowed the government to obtain a conviction simply by
showing that the defendants conducted an enterprise that
accepted entry fees for a derby, and that the amount of win-
nings was dependent on the number of entries. Dyal contends
that if she concluded in "good faith" that her conduct was not
gambling, then she could not be convicted under 18 U.S.C.
31
Dyal originally contended that the district court improperly struck
from the indictment the words "willfully" and "knowingly," but has aban-
doned that facet of her argument.
40 UNITED STATES v. LAWSON
§ 1955, even though that statute may set forth only a general
intent crime. We disagree with Dyal’s argument.

Initially, we observe that the plain language of 18 U.S.C.
§ 1955 does not require that a defendant know that her con-
duct constitutes illegal gambling under state law. Accord-
ingly, numerous courts have rejected the precise argument
that Dyal makes here. See United States v. Ables, 167 F.3d
1021, 1031 (6th Cir. 1999) (in conviction under § 1955 for
operating a "bingo" game, upholding district court’s refusal to
grant jury instruction that defendant could not be convicted if
he had good-faith belief he was not acting in violation of state
law); United States v. Cyprian, 23 F.3d 1189, 1199 (7th Cir.
1994) (in case also involving conviction under § 1955 for
operating a bingo game, holding that because guilt under
§ 1955 is based on "conduct," defendant did not need to know
that his actions were illegal, but only that he performed the
acts in question); United States v. Hawes, 529 F.2d 472, 481
(5th Cir. 1976) (rejecting argument that government must
show accused had knowledge his conduct violated state law
in order to obtain conviction under § 1955, and noting that
"[i]t is sufficient that appellants intended to do all of the acts
prohibited by the statute and proceeded to do them"); United
States v. Thaggard, 477 F.2d 626, 632 (5th Cir. 1973) (same);
see also United States v. Cross, 113 F. Supp. 2d 1253, 1256
(S.D. Ind. 2000) (holding that inclusion of term "knowingly"
in indictment "over alleges the mens rea of the Section 1955
offense," a general intent crime, and that the inclusion of the
term was surplusage and "should and will be disregarded").32
32
Although Dyal cites United States v. O’Brien, 131 F.3d 1428, 1430
(10th Cir. 1997) for the proposition that the government must show that
a defendant knew that her act was one of participation in gambling, the
court specifically stated in O’Brien that "Section 1955 is not a specific
intent statute," and that "[t]o be convicted under this provision, . . . a
defendant need not know that the gambling business . . . was violative of
state law." Id. Thus, Dyal’s reliance on O’Brien weakens her argument
rather than strengthens it.
 UNITED STATES v. LAWSON 41
We conclude that the reasoning employed in these cases is
persuasive, and we hold that Section 1955 is a general intent
crime, which does not require the government to establish that
the defendants knew that their conduct violated state law. We
also agree with the Sixth Circuit’s decision in Ables that a
good-faith instruction, such as the one that Dyal essentially
requested in this case, is unavailable under these circum-
stances. Accordingly, we reject Dyal’s argument that the dis-
trict court erred in failing to instruct the jury that the
defendants must know their conduct constituted illegal gam-
bling under South Carolina law.

B.

Alternatively, Dyal argues that the district court erred in
instructing the jury on the elements of S.C. Code § 16-19-130.33
That section of the South Carolina Code provides that it is
illegal for any person to:

record[ ] or register[ ] bets or wagers . . . upon the
result of any:

(a) trial or contest of skill, speed or power
of endurance of man or beast;

. . . or

(c) lot, chance, casualty, unknown or con-
tingent event whatsoever.

[Or] aid[ ], assist[ ] or abet[ ] in any manner any of
the aforesaid acts.

S.C. Code § 16-19-130(3), (6). The district court instructed
the jury, in relevant part, as follows:
33
As discussed, a conviction under 18 U.S.C. § 1955 requires as an ele-
ment of the offense that the defendant have violated a state or local gam-
bling law.
42 UNITED STATES v. LAWSON
Section 16-19-130 of the South Carolina Code
makes it illegal to record or register bets or wagers,
with or without writing, upon the result of any trial
or contest of skill, speed or power of endurance of
man or beast, or aid, assist or abet in any manner in
the aforesaid acts.

For purposes of South Carolina law, a monetary
amount awarded to the winner of a contest is not a
bet or wager if it is a set amount funded by the spon-
sor of the event and not dependent on the number of
entrants or amounts those entrants have paid to par-
ticipate in the event. Conversely, payment of a mon-
etary prize is considered a bet or wager if the amount
to be awarded is dependent on and funded by fees
paid by other contestants or entrants in the event.

Dyal argues that the district court misconstrued the statute.
She contends that it is a "distinction without a difference" to
determine whether an activity constitutes gambling based on
the source of the prize money, and whether that prize money
is dependent on the number of entrants and the fee that they
have paid. We disagree with Dyal’s argument.

We could not locate, nor did the parties direct us to, any
South Carolina cases elaborating on the definitions of "bet" or
"wager," as those terms are used in S.C. Code § 16-19-130.
However, the government relies on a 2003 opinion letter
issued by the Office of the South Carolina Attorney General.
In that letter, the Attorney General stated that "mere participa-
tion in [a] game of skill where a contestant is required to pay
an entrance fee, such fee does not specifically make up the
purse or premium contested for, and the sponsor of such event
is not a participant for a prize, does not constitute a violation
of statutes similar to § 16-19-130." Letter from Robert D.
Cook, Ass’t Dep. Att’y Gen., to The Honorable Glenn F.
McConnell, President Pro Tempore, South Carolina Senate
(Aug. 29, 2003), available at 2003 WL 22050876, at *2
 UNITED STATES v. LAWSON 43
(emphasis added). The letter opinion later states that when
"participants pay an entry fee" to enter an event, "but the entry
fee does not determine or make up the prize, purse or pre-
mium," the event would likely be held by a court not to vio-
late S.C. Code § 16-19-130. Id. at *4 (emphasis added).

In the absence of any South Carolina law to the contrary,
we find persuasive the South Carolina Attorney General’s
interpretation of this South Carolina law. Indeed, that inter-
pretation is supported by the view of the highest court of
Nevada, a state with a particular interest in, and familiarity
with, gambling. The Supreme Court of Nevada has held that
an event involves a wager if the prize or premium is not a
fixed amount but rather, as is the case here, depends upon the
number of entrants. Las Vegas Hacienda, Inc. v. Gibson, 359
P.2d 85, 86 (Nev. 1961) ("A prize or premium differs from a
wager in that in the former, the person offering the same has
no chance of gaining back the thing offered, but, if he abides
by his offer, he must lose; whereas in the latter, each party
interested therein has a chance of gain and takes a risk of
loss."); cf. id. at 87 ("The fact that each contestant is required
to pay an entrance where the entrance fee does not specifi-
cally make up the purse or premium contested for does not
convert the contest into a wager."); see also Nevada v. GNLV
Corp., 834 P.2d 411, 412-13 (Nev. 1992) (citing Las Vegas
Hacienda for proposition that "[a] prize differs from a wager
in that the person offering the prize must permanently relin-
quish the prize upon performance of a specified act[, but] [i]n
a wager, each party has a chance of gain and takes a risk of
loss") (internal quotation marks removed). Accordingly,
based on these distinctions, we conclude that the district court
did not err its instructions to the jury concerning the elements
of S.C. Code § 16-19-130. For these reasons, we affirm
Dyal’s convictions for violating the illegal gambling statute,
18 U.S.C. § 1955.

VII.

In view of our holdings vacating the convictions for violat-
ing the animal fighting statute but affirming the illegal gam-
44 UNITED STATES v. LAWSON
bling statute convictions, we find it necessary to determine
whether the conspiracy convictions may stand. We first con-
sider the conspiracy convictions relating to Scott Lawson and
Peeler, who were not indicted or convicted for engaging in
illegal gambling under 18 U.S.C. § 1955.

Scott Lawson and Peeler were charged with "Conspiracy to
Violate the Animal Welfare Act." As alleged in the Lawson
indictment, the only object of the conspiracy in which they
allegedly participated was to "sponsor and exhibit an animal
in an animal fighting venture," in violation of 7 U.S.C.
§ 2156(a)(1). Thus, the term "sponsor" was integral to the
conspiracy conviction, and for the reasons discussed above,
we are unable to conclude that "there is no reasonable possi-
bility that the verdict was affected by" Juror 177’s misconduct
in researching the definition of "sponsor" on Wikipedia. See
Cheek, 94 F.3d at 142. Accordingly, we vacate Scott Law-
son’s and Peeler’s conspiracy convictions, and award them a
new trial with respect to that charge.

The conspiracy charges and convictions for defendants
Dyal, Sheri Hutto, Wayne Hutto, and Collins (the Dyal defen-
dants) require us to engage in a different analysis. With
respect to these defendants, the government framed its indict-
ments as alleging a single conspiracy count for "Conspiracy
to Violate the Animal Welfare Act and to Engage in an Illegal
Gambling Business." (Emphasis added.) The indictment thus
alleges a multi-object conspiracy, and does so in the conjunc-
tive.

Ordinarily, when a conviction under a multi-object conspir-
acy indictment is supported on one ground but is legally inad-
equate on the other, the conviction will be reversed in
accordance with the Supreme Court’s decision in Yates v.
United States, 354 U.S. 298, 304-12 (1957). As we have
explained, under Yates, "reversal is required when a case is
submitted to a jury on two or more alternate theories, one of
which is legally (as opposed to factually) inadequate, the jury
 UNITED STATES v. LAWSON 45
returns a general verdict, and it is impossible to discern the
basis on which the jury actually rested its verdict."34 United
States v. Moye, 454 F.3d 390, 400 n.10 (4th Cir. 2006) (en
banc) (citing Yates, 354 U.S. at 311-12.).

Here, however, in contrast to the general verdict rendered
in Yates, the verdict in the present case reveals that the jury
had two separate bases for convicting the Dyal defendants of
the conspiracy charges. Although the indictment alleged both
objects in a single count, the jury’s verdict forms with respect
to each of the Dyal defendants listed separate guilty verdicts
for "Count 1 – Conspiracy (Animal Welfare Act: June 18,
2008 through April 18, 2009)" and "Count 1 – Conspiracy
(illegal gambling business: May 2007 through April 18,
2009)." Thus, we are not confronted with a situation in which
we are uncertain whether a jury’s verdict was solely attribut-
able to an underlying conviction which we have set aside on
legal grounds. Cf. Yates, 354 U.S. at 311-12. Accordingly, the
conspiracy convictions for the Dyal defendants are supported
by a valid and independent legal basis that is apparent from
the record, and we therefore affirm those convictions.35
34
A different rule is applicable when the conviction concerning one of
the objects is set aside on factual, as opposed to legal, grounds. See Griffin
v. United States, 502 U.S. 46, 56 (1991) (holding that the Due Process
Clause does not require a general guilty verdict on a multi-prong conspir-
acy be set aside if the evidence is inadequate to support conviction as to
one of the objects); Turner v. United States, 396 U.S. 398, 420 (1970)
("when a jury returns a guilty verdict on an indictment charging several
acts in the conjunctive, as Turner’s indictment did, the verdict stands if the
evidence is sufficient with respect to any one of the acts charged") (empha-
sis added).
35
We observe that Collins individually challenges his sentence imposed
by the district court, arguing that the district court erred by: (1) adding
four levels to his guidelines-recommend sentence, U.S.S.G. § 3B1.1, upon
concluding that he was an organizer or leader in the cockfighting venture
and the illegal gambling business; and (2) declining to adjust Collins’ sen-
tence on the basis that he demonstrated acceptance of responsibility,
U.S.S.G. § 3E1.1. In light of our conclusion that Collins’ convictions for
violating the animal fighting statute cannot stand and that Collins is enti-
tled to a new trial with respect to those charges, we need not reach Col-
lins’ arguments concerning the sentence imposed by the district court.
46 UNITED STATES v. LAWSON
VIII.

In conclusion, we hold that the animal fighting statute is a
constitutional exercise of Congress’ power under the Com-
merce Clause, and that the district court did not err in holding
joint trials of Scott Lawson and his co-defendants. However,
we hold that the government has failed to demonstrate that a
juror’s misconduct did not affect the verdict with respect to
the violations of the animal fighting statute. Accordingly, we
vacate all the defendants’ convictions for violating the animal
fighting statute.

We reject the challenges made by several of the defendants
to their convictions for participating in an illegal gambling
business, and we affirm the illegal gambling statute convic-
tions of the Dyal defendants. We affirm the conspiracy con-
victions of the defendants who were charged with engaging in
a conspiracy to violate both the Animal Welfare Act and to
violate the illegal gambling business statute, but we vacate the
conspiracy convictions of Scott Lawson and Peeler, whose
conspiracy charges related solely to the Animal Welfare Act.
We do not reach the merits of Collins’ arguments concerning
his sentencing, nor do we address the remaining issues raised
by the appellants. We remand this matter to the district court
for further proceedings consistent with this opinion.

AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED