U.S. v. KELLY

No. 16-31043.

875 F.3d 781 (2017)

UNITED STATES of America, Plaintiff-Appellee v. Larry W. KELLY, Jr., also known as Larry Kelly, also known as Larry W. Kelly, also known as Larry Kelly, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

FILED November 14, 2017.


Attorney(s) appearing for the Case

Mary Patricia Jones , Assistant U.S. Attorney, Adam H. Ptashkin , Special Assistant U.S. Attorney, U.S. Attorney's Office, Middle District of Louisiana, Baton Rouge, LA, for Plaintiff-Appellee.

John Harvey Craft, Esq. , New Orleans, LA, for Defendant-Appellant.

Before SMITH, OWEN, and HIGGINSON, Circuit Judges.


Larry W. Kelly, Jr., appeals his conviction. He contends that the district court erroneously denied his motion for a mistrial and motion for a new trial, which alleged that the district court violated Federal Rule of Criminal Procedure 24(c) by failing to excuse an alternate juror at the end of trial and permitting...

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