043349P.pdf   02/10/2006  United States  v.  Thomas James Hively
   U.S. Court of Appeals Case No:  04-3349
                          and No:  04-3352
   Eastern District of Arkansas   
   [PUBLISHED] [Murphy, Author, with Arnold and Bowman, Circuit Judges] 
   Criminal case - criminal law. Evidence was sufficient to support 
   defendant Hively's convictions for mail fraud and racketeering; even if 
   the judge presiding over the first case, which ended in a mistrial, had 
   prepared an order on defendant's motion of acquittal, no judgment of 
   acquittal was ever entered before he recused himself, and subsequent 
   trial, after the newly-assigned judge denied the motion for acquittal, did 
   not create a colorable double jeopardy claim; challenge to forfeiture 
   order was waived, and the order was not plain error; evidence was 
   sufficient to support defendant Ketz's convictions for racketeering and 
   mail fraud; no error in rejoining cases after original severance order; trial 
   judge did not plainly err in excusing juror when her husband experienced 
   a severe health problem after deliberations had begun and did not abuse 
   his discretion in refusing to seat the alternate juror.