United States v. Thomas D. Ottersburg

RIPPLE, Circuit Judge.

Following a jury trial, Mr. Ottersburg was convicted of two eounts of executing a scheme to defraud by transporting property in interstate commerce, 18 U.S.C. § 2314, and one count of defrauding a financial institution, 18 U.S.C. § 1005. His appeal asserts that the district court committed reversible error when it failed to dismiss two alternate jurors and permitted them to deliberate' with the jury. For the reasons set forth in the following opinion, we reverse Mr. Otters-burg’s convictions and remand for proceedings consistent with this opinion.

I

BACKGROUND

Mr.…