United States Ninth Circuit

Conviction for wire fraud is affirmed where: 1) courts have discretion under Fed. R. Crim. P. 23(b) to proceed with 11 jurors after excusing a juror for good cause during deliberations, even when alternates are available; and 2) the district court did not abuse its discretion by proceeding with 11 jurors, as the jury had deliberated for more than a day and had asked and received answers to five substantive questions.

Appellate Information

• Decided 05/01/2015
• Published 05/01/2015

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel