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U.S. v. ACEVEDO

No. 95-4729.

141 F.3d 1421 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Santos ACEVEDO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 22, 1998.

Attorney(s) appearing for the Case

Stuart Adelstein, Adelstein & Matters, Miami, FL, for Defendant-Appellant.

William Keefer, U.S. Atty., Madeleine R. Shirley and Adalberto Jordan, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and O'NEILL, Senior District Judge.

TJOFLAT, Circuit Judge:

Rule 24(c) of the Federal Rules of Criminal Procedure requires district judges to discharge any alternate juror who has not replaced a regular juror "after the jury retires to consider its verdict." In the case at hand, the district court forgot to dismiss the alternate jurors when the jury retired; as a consequence, the alternates participated in deliberations. When the court discovered its mistake, it dismissed the alternates and instructed...

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