Does a judge's abrupt departure from the courtroom during the lunch break result in the dismissal of the jury?

8 The record reveals that the jury was dismissed sometime after it returned from the lunch break--presumably as soon as it returned--and it appears that this occurred without counsel being present. In any event, the government does not argue that defendants had any obligation to take any action between the time of the judge's abrupt departure from the courtroom and his dismissal of the jury. It does suggest, however, that defendants could have advised the court of their position later in the afternoon. Had they done so then, instead of the following morning, it would have made no difference whatsoever, as we made clear in United States v. Bates, 917 F.2d at 393 n. 8.