How have the courts treated the fair trial argument?

Regarding the fair trial argument, the parties do not dispute that portions of the trial were long or that juror attentiveness was an issue. Recognizing these problems, the district court took steps to help the jury by clarifying the names and roles of the parties, and by placing in the courtroom a face and name chart of all relevant persons. The district court also addressed juror attentiveness by dismissing one of the alternate jurors who appeared to be falling asleep. These actions were reasonable steps in managing a lengthy and difficult trial. See, e.g., United States v. Springfield, 829 F.2d 860, 864 (9th Cir. 1987) (no abuse of discretion where the district court took steps to ensure that missed testimony was insubstantial).