Gomez

MEMORANDUM *

Robert Pete Gomez (“Gomez”) appeals his conviction for possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We reverse and remand.

Gomez alleges that the district court committed reversible error when it excused an original juror and impaneled an alternate without: (1) determining whether deliberations had begun; (2) allowing Gomez’s counsel an opportunity to question the juror about her motives for seeking dismissal; (3) questioning the juror about whether she was seeking dismissal because she felt pressure from other jurors to conform to a particular view of the case; (4) determining whether the alternate juror had discussed the case with anyone prior to being impaneled; and (5) instructing the jury to begin deliberations anew once the original juror had been replaced. We agree and reverse Gomez’s conviction.

Under Federal Rule of Criminal Procedure 24(c)(3), a trial court must “ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged,” and “[i]f an alternate replaces a *705 juror after deliberations have begun, the court must instruct the jury to begin its deliberations anew.”…