United States v. Seifer, No. 14-3097 (7th Cir. 2015)
Annotate this CaseSeifer was convicted of four counts of mail fraud, 18 U.S.C. 1341, and one count of theft of government property, 18 U.S.C. 641. At Seifer’s trial the district court empaneled 13 jurors without designating the alternate, who then was chosen randomly just before deliberations. The government conceded that this method of selecting the alternate violated Fed. R. Crim. P. 24(c), which requires that alternate jurors be selected separately and sequentially before the presentation of evidence. Seifer never objected. The Seventh Circuit affirmed, finding Seifer’s claim of prejudice speculative
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