United States v. Kelly, No. 16-31043 (5th Cir. 2017)Annotate this Case
The Fifth Circuit affirmed defendant's conviction of being a felon in possession of a firearm and ammunition. The court held that, although the alternate juror's presence during deliberations violated Federal Rule of Criminal Procedure 24(c), the temporary presence of the alternate did not impact the jury's verdict and the curative instruction sufficiently dispelled any risk of prejudice. Therefore, the district court did not abuse its discretion by denying defendant's motions for mistrial and a new trial.