Finding that the district court abused its discretion by dismissing a juror during deliberations where the record "raises the possibility that the juror was attempting to follow the law as instructed, but that he simply remained unpersuaded of the defendants' guilt"
Holding that the district court's dismissal of a juror after five weeks of deliberations violated the defendant's right to a unanimous jury, because the record evidence suggested the juror found the evidence insufficient for a conviction
Finding the question of whether or not to hold a hearing prior to a juror's excusal to be "within the trial judge's sound discretion" and finding that no hearing was required
Holding that a Rule 24(c) error "will be considered harmless so long as we can say with fair assurance . . . that the judgment was not substantially swayed by the error"