Bradley

MEMORANDUM *

Timothy Weaver Bradley appeals his jury trial conviction of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(a)(2). He also appeals the imposition of a two-level sentence enhancement for obstruction of justice.

Bradley contends that the district court erred in substituting an alternate juror, after deliberations began, without obtaining Bradley’s written consent. Under the applicable rule of criminal procedure, Fed. R.Crim.P. 24(c), written consent is not required. The rule, as amended, gives the district court discretion, stating: “[t]he court may retain alternate jurors after the jury retires to deliberate____ If an alternate replaces a juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew.” Fed.R.Crim.P. 24(c)(3). Bradley is relying on case law that precedes the rule’s amendment and is therefore superseded by the plain language of the new rule.

Bradley also contends, that if the substitution was appropriate, the district court nevertheless erred in giving the jury an “Allen Charge” before it began deliberating anew. The record reflects that the court modified its previous…