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U.S. v. CENCER

No. 95-3073.

90 F.3d 1103 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Edward CENCER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1996.

Attorney(s) appearing for the Case

James R. Wooley, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Cleveland, OH, for plaintiff-appellee.

Jerry Milano (briefed), Friedman, Domiano & Smith, Cleveland, OH, Shawn P. Martin (argued), Cleveland, OH, for defendant-appellant.

Before: MARTIN and MOORE, Circuit Judges; JOINER, District Judge.

MOORE, Circuit Judge.

The principal issue in this case is whether a district court may substitute jurors during a criminal trial after submission of the case to the original jury. Although such substitution runs counter to the explicit terms of Federal Rule of Criminal Procedure 24(c), we conclude that Rule 24(c) may be waived by the defendant under appropriate circumstances. We therefore affirm the judgment of the district court.

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