United States v. Dill, No. 12-1733 (7th Cir. 2013)
Annotate this CaseDill was charged with possession with intent to distribute five grams or more of methamphetamine, 21 U.S.C. 841(a)(1), possession of a firearm in relation to a drug trafficking crime, 18 U.S.C. 924(c), and possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(1), 924(e)(1). After closing arguments, the district court read jury instructions and had counsel approach the bench, where it asked whether they had any objection to leaving the alternate in the jury room with an instruction that the alternate may not deliberate. The prosecutor stated that he did not think “it’s generally done,” but neither party objected. The district court gave the instruction orally. The jury retired for deliberations and was given a written set of instructions without the instruction covering the alternate juror’s role. The jury did not submit any notes or questions. A little over an hour later, the jury returned its verdict finding Dill guilty. When the jury was polled, all 12 regular jurors confirmed the verdicts read by the foreperson, but the alternate juror was not polled and remained silent. The district court sentenced Dill to 420 months. The Seventh Circuit affirmed, finding no evidence that the alternate juror participated in deliberations.
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