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UNITED STATES v. OLANO

No. 91-1306.

507 U.S. 725 (1993)

113 S.Ct. 1770

123 L.Ed.2d 508

UNITED STATES v. OLANO et al.

Supreme Court of United States.

Decided April 26, 1993.

Attorney(s) appearing for the Case

Solicitor General Starr argued the cause for the United States. With him on the briefs were Assistant Attorney General Mueller, Deputy Solicitor General Bryson, William K. Kelley, and Joel Gershowitz.

Carter G. Phillips argued the cause for respondents and filed a brief for respondent Olano. William J. Genego and Sheryl Gordon McCloud filed a brief for respondent Gray.

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Scalia, Kennedy, Souter, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion, p. 741. Stevens, J., filed a dissenting opinion, in which White and Blackmun, JJ., joined, p. 743.

Justice O'Connor, delivered the opinion of the Court.

The question in this case is whether the presence of alternate jurors during jury deliberations was a "plain error" that the Court of Appeals was authorized to correct under Federal Rule of Criminal Procedure 52(b).

I

Each of the respondents, Guy W. Olano, Jr., and Raymond M. Gray, served on the board of directors of a savings and loan association. In...

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