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U.S. v. AGUILAR

No. 13-2845.

752 F.3d 1148 (2014)

UNITED STATES of America, Plaintiff-Appellee v. Manuel Maldonado AGUILAR, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 29, 2014.

Attorney(s) appearing for the Case

James Phillips , argued, Little Rock, AR, for Defendant-Appellant.

Benecia Betton Moore , AUSA, argued, Little Rock, AR ( Anne E. Gardner , AUSA, on the brief), for Plaintiff-Appellee.

Before GRUENDER, BENTON, and KELLY, Circuit Judges.

BENTON, Circuit Judge.

Manuel Maldonado Aguilar appealed his conviction, challenging, among other things, the presence of an alternate juror during deliberations. This court remanded "for the limited purpose of inquiry about the alternate's actual participation." In light of the district court's factual findings, this court reverses and remands.

"[T]he alternate's presence during deliberations violated Federal Rule of Criminal Procedure 24(c)(3)." United...

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