Beard

James Bowden Beard appeals from his conviction for money laundering and various related offenses. Beard contends that the court erred in denying his motion for a mistrial based on violations of Fed.R.Crim.P. 23(b) and 24(c). Although the district court did not abuse its discretion in finding just cause to remove two jurors, the court erred in substituting two alternate jurors in violation of Rule 24(c). We therefore reverse and remand for a new trial.

I. BACKGROUND

Beard was indicted on money laundering and related charges. His jury trial began on September 4,1996, and concluded on October 10, 1996. On October 8, 1996, during closing arguments, the court received a note from Juror No. 8, stating:

The defendant immediately moved for a mistrial and counsel stated: “[Ijt’s apparent from this that the jurors have already been discussing among themselves the facts of the case.” After questioning both jurors about the incident and the entire panel in general, the court decided that the jury had not been improperly influenced and allowed closing arguments to continue. Beard objected to excusing both jurors, as well as to excusing only Juror No. 1, and sought a mistrial. The court…