SETH, Circuit Judge.
This is a direct appeal from a conviction under 21 U.S.C. § 174.
The trial to a jury was concluded, the jury was instructed, and it retired to deliberate. As it retired an alternate juror went along with the twelve jurors to the jury room. She participated in the vote to select a foreman, and voted to go to lunch. She was with the jury about twenty minutes after it retired. The court then realized that the alternate had not been discharged...
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