By: Derek Hawkins//August 31, 2015//
Criminal
7th Circuit Court of Appeals
Officials: WOOD, Chief Judge, and BAUER and MANION, Circuit Judges
Harmless Court Error
No.14-3097 United States of America v. Christopher Seifer
Appellant fails to show that conceded court error by government prejudiced his case.
“Nonetheless, the district court’s error does not entitle Seifer to a new trial because he has not shown that his random pick of the alternate juror at the close of evidence affected his substantial rights. See Mendoza, 510 F.3d at 754; Love, 134 F.3d at 601. Seifer contends that he was prejudiced because (1) we cannot tell from the record whether the 13 names in the box were written on papers of precisely the same size; (2) the district court ignored Wis. Stat. § 565.27(2)(b)(4) by conducting a “lottery” without inspecting the “equipment” before and after the drawing; and (3) juror number 13 probably expected to be the alternate and didn’t pay close attention to the evidence, thus creating an unfair jury panel. Each argument is meritless”
Affirmed