Conover and Tanner (defendants) were convicted of mail fraud and conspiracy. After the conviction, one of the jurors called Tanner’s attorney and informed him that several of the jurors drank alcohol during lunch breaks and often slept through the afternoons of the trial. Tanner filed a motion for a new trial and an evidentiary hearing at which he could interview the jurors. The district court heard arguments on the issue and then denied the motion. Subsequently, a second juror similarly told Tanner’s attorney that a number of the jurors drank, a few smoked marijuana, and two did cocaine during the trial. Tanner filed another motion for a new trial and the district court again denied the motion. The United States Court of Appeals for the Eleventh Circuit affirmed. The United States Supreme Court granted certiorari.