The following excerpt is from U.S. v. Cummings, 953 F.2d 1388 (9th Cir. 1992):
We further note that appellants agreed to the alternate who took the dismissed juror's place, and did not assert that this juror was unfair. Because they have not demonstrated prejudice, we fail to see how their rights were violated. See United States v. Lustig, 555 F.2d 737, 746 (9th Cir.1977). Accordingly, we conclude that the district court did not err in dismissing the juror.
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