FLETCHER, Circuit Judge:
John Fife Symington, III appeals from his conviction and 30-month prison sentence on five counts of making false statements to financial institutions in violation of 18 U.S.C. § 1014 and one count of wire fraud in violation of 18 U.S.C. § 3231. Principal among the issues on appeal is Symington’s claim that his Sixth Amendment right to an impartial jury was violated when the district court dismissed a juror on the eighth day of deliberations. Symington also appeals from the district court’s denial of his post-verdict motion for judgment of acquittal on. three of the § 1014 counts. The government cross-appeals, challenging the district court’s post-verdict dismissal of one § 1014 count for insufficient evidence, and its dismissal, several months after trial, of 11 unresolved counts for violation of the Speedy Trial Act. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. §§ 3731 & 3742. We reverse Symington’s conviction, but affirm the district court’s treatment of the evi-dentiary sufficiency and Speedy Trial Act issues.
I.
Prior to being elected Governor of Arizona in 1991, Symington was a commercial real estate developer in Phoenix. Between 1986 and 1992, Symington and his wholly-owned company obtained several construction and permanent loans from various lenders to support his real estate projects. In order to obtain many of these loans, Symington agreed to guarantee full or par[1083]*1083tial repayment of the loans himself. In support of those guarantees, Symington was required to submit personal financial statements detailing his financial position. Symington prepared those statements himself. The indictment charged that many of the statements were materially false in that they overstated the value of Symington’s assets, understated or failed to disclose his liabilities, and overstated the value of his interest in the real estate projects he was developing. Symington was also alleged to have submitted contradictory versions of statements bearing the same “as of’ date.
A 23-count superseding indictment was returned against Symington on January 9, 1997. Prior to trial, the district court granted Symington’s motion to dismiss one count as unconstitutionally vague. Trial by jury on the remaining 22 counts began on May 13, 1997, and lasted through the first week of August, 1997. At the end of the trial, the district court granted Symington’s motion for judgment of acquittal on one count, but denied the motion as to all other counts. The remaining 21 counts were submitted to the jury on August 8, 1997.
On August 15, 1997, the jury sent a note to the district court judge stating, “Your Honor, we respectfully request direction. One juror has stated their final opinion prior to review of all counts.” The judge discussed the matter with counsel for both sides and then wrote back to the jurors reminding them of their duty to participate in deliberations with each other, but emphasizing also that each juror should make up his or her own mind on the charges. On August 19, the jury sent the judge another, more detailed note. The note read, in pertinent part:
We have earnestly attempted to follow your last directive to continue with our deliberations. However, the majority of the jurors sincerely feel that the juror in question cannot properly participate in the discussion with us.
Reasons:
Inability to maintain a focus on the subject of discussion.
Inability to recall topics under discussion.
Refusal to discuss views with other jurors.
All information must be repeated two to three times to be understood, discussed, or voted on. Immediately following a vote, the juror cannot tell us what was voted.
We question the ability to comprehend and focus on the information discussed.
This is the same juror of concern in our last communication.
The juror in question was Juror Cotey, a woman apparently in her mid-70s.
After discussing the matter with counsel for both sides, the judge separately questioned each member of the jury to determine the nature of the problem. Counsel participated in the questioning. During the questioning, each of the jurors (other than Cotey) agreed that the note accurately described their concerns. The jurors suggested that the best solution would be for the judge to dismiss Juror Cotey. They all stated that Cotey appeared confused and unfocused during deliberations. Presiding Juror Carlson, for example, stated that
[a]t first we almost felt it was someone that had their mind made up, which we were trying to work with and around. Everyone is certainly entitled to their opinion. That’s what this is about. But as it progressed and we tried to press for that opinion, because maybe it would affect ours and we wanted that input to add to ours and share, we got such rambling answers that we were all looking at each other around the circle like, my gosh, this answer’s so off the wall it is not connected to the discussion in any way.
At other times, the jurors seemed less concerned about Cotey’s ability to deliberate than about her apparent unwillingness [1084]*1084to explain her thinking about the case. Although Juror Witter described Cotey as “very intelligent,” Juror Seaman stated that Cotey “refuse[s] to discuss her views.... She just seems to have her mind set. She says she doesn’t have to explain herself to anybody.”
The statements of some jurors indicated that their frustration with Cotey may have derived more from their disagreement with her on the merits of the case, or at least from their dissatisfaction with her defense of her views. Juror Witter stated that “[tjhere’s one element that [Cotey] felt strongly about,” and that Cotey “would stick on two of the elements every time, because she didn’t — she just kept getting stuck on two elements because that’s how she felt and she wouldn’t really explain to us her rationale of her way she wanted to vote.” Juror Bamond saw Cotey as an obstacle to reaching a verdict: “[W]e are blocked and blocked and blocked. And I don’t want to be blocked any more.... It’s a long trial, it’s frustrating, you know.”
When the judge questioned Cotey, she stated that she was prepared to continue deliberating. She noted that the other jurors’ frustration with her might be because “I can’t agree with the majority all the time, at least temporarily. And I’m still researching and looking for more in the case.” Cotey also complained of pressure from the other jurors: “I found myself backed up against the wall for a vote every time, an objection to my vote on a specific count or an element of the count.” Cotey stated, however, that she was prepared to stand by her position even though she was clearly in the minority: “I realized that I was the one isolated. But I also realized I told [another juror] I was a separate juror and had a right and I didn’t like being bullied down on a point.” Cotey claimed that she was willing to discuss elements of the case with the other jurors, but that she became intimidated when everyone talked at once and demanded that she justify her views as soon as she stated them.
The judge decided to dismiss Cotey because she was “either unwilling or unable to deliberate with her colleagues.” The judge acknowledged that “no juror should yield a thoughtfully-held position simply to arrive at a verdict,” but found that “there has been nothing stated by any of the jurors that would indicate that that is the situation here.” Accordingly, the judge excused Cotey “for just cause for being either unwilling or unable to participate in the deliberative process in accordance with the instructions of the Court.” On August 20, at Symington’s request, the judge seated one of the alternate jurors in Cotey’s place and instructed the jury to begin its deliberations anew. The next day, Sym-ington moved for a mistrial. He argued that the disagreement between Cotey and the other jurors was rooted in the merits of the case, and that dismissing Cotey prejudiced her view of the case. The district court denied the motion. Symington renewed the claim in a post-trial motion for a new trial, and the district court again denied it.
On September 3, 1997, the jury returned verdicts convicting Symington on seven counts (counts 10 and 11 and 13 to 16, involving submitting false statements to financial institutions, and count 21 involving wire fraud) and acquitting him on three counts. The jury was unable to reach a verdict on the remaining 11 counts, and the district court declared a mistrial as to those counts. On January 20, 1998, the district court granted Symington’s motion for acquittal on count 11 but denied the motion in all other respects. On February 2, 1998, the district court sentenced Symington to a prison term of 30 months. On March 10, 1998, the district court dismissed the 11 mistried counts without prejudice, for violation of the Speedy Trial Act.
Symington timely appealed from his conviction and sentence, and the government timely cross-appealed.
II.
Symington argues that the district court committed reversible error when it dis[1085]*1085missed Juror Cotey on the eighth day of deliberations after finding that she was “either unwilling or unable to deliberate.” Symington contends that the other jurors’ complaints about Cotey were — or at least very possibly may have been — rooted in substantive disagreements about the merits of the case, and that dismissing Cotey on account of those disagreements violated his Sixth Amendment right to an impartial jury. See U.S. CONST, amend VI (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ... ”). The government responds that Juror Cotey was in fact either unable or unwilling to deliberate properly, and that her dismissal was warranted under Rule 23(b) of the Federal Rules of Criminal Procedure.
Rule 23(b) provides that “if the [district] court finds it necessary to excuse a juror for just cause after the jury has retired to consider its verdict, in the discretion of the court a valid verdict may be returned by the remaining 11 jurors.”1 We review a district court’s dismissal of a juror during deliberations for abuse of discretion. See United States v. Beard, 161 F.3d 1190, 1193 (9th Cir.1998); United States v. McFarland, 34 F.3d 1508, 1512 (9th Cir.1994). We do so because as a general matter, “the district court [is] in the best position to evaluate the jury’s ability to deliberate.” Beard, 161 F.3d at 1194 (internal quotation marks omitted). Thus, although “just cause” for dismissal under Rule 23(b) generally pertains to physical incapacity or absence due to religious observance, this and other courts have upheld the dismissal of a juror when the district court determined that the juror was unable to deliberate impartially. See id. at 1193-94 (dismissal of two jurors proper after they became involved in an ongoing, bitter argument leaving them emotionally unstable and unable to deliberate); United States v. Egbuniwe, 969 F.2d 757, 760-61 (9th Cir.1992) (dismissal proper where juror’s impartiality in doubt after juror’s girlfriend was arrested by police); United States v. Walsh, 75 F.3d 1, 4-5 (1st Cir.1996) (dismissal proper where juror was mentally unstable and unable to engage in rational discussion); United States v. Huntress, 956 F.2d 1309, 1312 (5th Cir.1992) (dismissal proper where juror diagnosed by doctor as suicidal and paranoid).
The district court’s discretion in this area is not unbounded, however. Indeed, “a court may not dismiss a juror during deliberations if the request for discharge stems from doubts the juror harbors about the sufficiency of the evidence.” United States v. Brown, 823 F.2d 591, 596 (D.C.Cir.1987); see United States v. Ross, 886 F.2d 264, 267 (9th Cir.1989) (citing Brown as describing a limit on district court discretion). The reason for this prohibition is clear: “To remove a juror because he is unpersuaded by the Government’s case is to deny the defendant his right to a unanimous verdict.” United States v. Thomas, 116 F.3d 606, 621 (2d Cir.1997); see Brown, 823 F.2d at 596 (“If a court could discharge a juror on the basis of such a request, then the right to a unanimous verdict would be illusory.”).2
Symington argues that the other jurors sought Cotey’s removal because they disagreed with her on the merits of the case. It is undisputed that if this is true — if the other jurors did seek to remove Cotey because they disagreed with her views on the merits- — then dismissal of Cotey was improper. “[W]hen a request for dismissal stems from the juror’s view of the sufficiency of the evidence ..., a judge may not discharge the juror: the [1086]*1086judge must either declare a mistrial or send the juror back to deliberations with instructions that the jury continue to attempt to reach agreement.” Brown, 823 F.2d at 596. The question here is what evidentiary standard the district court ought to employ in making that determination. Specifically, how likely must it be that a juror’s views on the merits underlies the request for her removal, before the district court is precluded from removing the juror? We have not previously answered this question in' the federal criminal context.3
A trial judge faces special challenges when attempting to determine whether a problem between or among deliberating jurors stems from disagreement on the merits of the case. “[A] court may not delve deeply into a juror’s motivations because it may not intrude on the secrecy of the jury’s deliberations.” Brown, 823 F.2d at 596; see Thomas, 116 F.3d at 619. There are important reasons why a trial judge must not compromise the secrecy of jury deliberations. First, if trial judges were permitted to inquire into the reasoning behind jurors’ views of pending cases, “it would invite trial judges to second-guess and influence the work of the jury.” Thomas, 116 F.3d at 620. Second, a trial judge’s examination of juror deliberations risks exposing those deliberations to public scrutiny. Such exposure, in turn, would jeopardize the integrity of the deliberative process. See id. at 618-19. As Justice Cardozo put it, “Freedom of debate might be stifled and independence of thought checked if jurors were made to feel that their arguments and ballots were to be freely published to the world.” Clark v. United States, 289 U.S. 1, 13, 53 S.Ct. 465, 77 L.Ed. 993 (1933); see Frank A. Bacelli, Note, United States v. Thomas: When the Preservation of Juror Secrecy During Deliberations Outweighs the Ability to Dismiss a Juror for Nullification, 48 Cath. U.L.Rev. 125, 153 n. 215 (1998) (“Commentators long have feared that the disclosure of deliberations to the general public could affect a juror’s decisionmaking process during trial and could potentially undermine the public’s confidence in the jury system.”); Benjamin S. DuVal, Jr., The Occasions of Secrecy, 47 U. Pitt. L.Rev. 579, 646 (1986) (“The secrecy of the jury room, like that of the Supreme Court conference, is designed to promote the free and candid interchange of views.”); Note, Public Disclosures of Jury Deliberations, 96 HARV. L. REV. 886, 889 (1983) (“Juror privacy is a prerequisite of free debate, without which the decisionmaking process would be crippled.”).4
In refraining from exposing the content of jury deliberations, however, a trial judge may not be able to determine conclusively whether or not a juror’s alleged inability or unwillingness to deliberate is simply a reflection of the juror’s opinion on the merits of the case, an opinion that may be at odds with those of her fellow jurors. Thus, in the rare case where a request for juror dismissal focuses on the quality of the juror’s thoughts about the case and her ability to communicate those thoughts to the rest of the jury, “the court will likely prove unable to establish conclusively the reasons underlying” the request for dismissal. Brown, 823 F.2d at 596. In such cases a trial court lacks the investigative power that, in the typical case, puts it in the “best position to evaluate the jury’s ability to deliberate.” Beard, 161 F.3d at 1194.
The Second and D.C. Circuits have recognized this dilemma. See Thomas, 116 F.3d at 620-23; Brown, 823 F.2d at 595-[1087]*108797. Those cases both involved allegations that a juror was unwilling or unable to apply the law as instructed by the judge. In Brown a juror informed the judge that he was “unable to discharge [his] duties as a member of th[e] jury.” 823 F.2d at 594. In Thomas, the jury complained that one juror had a “predisposed disposition” and that he was unwilling to decide the case under the law as instructed by the judge. 116 F.3d at 611. The Second and D.C. Circuits recognized that the trial judges in those cases could not have plumbed the depths of the problem without delving into the juror’s views on the merits of the case. Thus, those courts held that “if the record evidence discloses any possibility that the request to discharge stems from the juror’s view of the sufficiency of the government’s evidence, the court must deny the request.” Brown, 823 F.2d at 596; Thomas, 116 F.3d at 621-22 (quoting Brown).
We hold that if the record evidence discloses any reasonable possibility that the impetus for a juror’s dismissal stems from the juror’s views on the merits of the case, the court must not dismiss the'juror.5 Under such circumstances, the trial judge has only two options: send the jury back to continue deliberating or declare a mistrial. See Brown, 823 F.2d at 596. This rule is attentive to the twin imperatives of preserving jury secrecy and safeguarding the defendant’s right to a unanimous verdict from an impartial jury. We are confident that “[g]iven the necessary limitations on a court’s investigatory authority in cases involving a juror’s alleged refusal [or inability] to follow the law, a lower eviden-tiary standard could lead to the removal of jurors on the basis of their view of the sufficiency of the prosecution’s evidence.” Thomas, 116 F.3d at 622.6
[1088]*1088Here, there was a reasonable possibility that Juror Cotey’s views on the merits of the case provided the impetus for her removal.7 While there may have been some reason to doubt Cotey’s abilities as a juror, there was also considerable evidence to suggest that the other jurors’ frustrations with her derived primarily from the fact that she held a position opposite to theirs on the merits of the case. Juror Witter asked the district judge to dismiss Cotey because otherwise the result would be “an undecided vote, a hung jury.” Juror Bamond complained that because of Cotey, “we are blocked and blocked and blocked. And I don’t want to be blocked any more.” Cotey herself stated that she felt the other jurors were frustrated with her because “I can’t agree with the majority all the time, at least temporarily.” While the other jurors may not have thought their difficulties with Cotey stemmed from her position on the merits, such difficulties can certainly manifest themselves in concerns about a juror’s reasonableness or general capacity as a juror. See Thomas, 116 F.3d at 622.8
We hold that because it was reasonably possible that the impetus for Juror Cotey’s dismissal came from her position on the merits of the case, it was error to dismiss her.9 Accordingly, we reverse Syming-ton’s conviction and vacate his sentence.
III.
A.
Symington separately contends that the evidence was insufficient to convict him on counts 13 to 15 of the indictment. We must reach this claim even though we reverse his conviction. See United States v. Aguilar, 80 F.3d 329, 334 (9th Cir.1996) (en banc). “Because an appellate reversal of a conviction on the basis of insufficiency has the same effect as a judgment of acquittal, the Double Jeopardy Clause would preclude retrial” on counts 13 to 15 if we found the evidence insufficient to convict Symington on those counts. United States v. McKoy, 771 F.2d 1207, 1215 (9th Cir.1985). We review the sufficiency of the evidence supporting a conviction to determine whether, viewing [1089]*1089the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. See United States v. Ross, 123 F.3d 1181, 1184 (9th Cir.1997), cert. denied, — U.S. -, 118 S.Ct. 733, 139 L.Ed.2d 670 (1998).
Counts 13 to 15 alleged that Symington violated 18 U.S.C. § 1014 by submitting materially false requests for disbursements on loans from Dai Ichi Kangyo Bank (DKB). 18 U.S.C. § 1014 subjects to criminal penalty anyone who “knowingly makes any false statement or report, or willfully overvalues any land, property, or security, for the purpose of influencing in any way” a federally insured financial institution. Symington contends that the government’s evidence showed only that he submitted false statements to DKB, and that it was insufficient to support a conclusion that he did so knowingly or that he intended to influence DKB with those statements.
In 1987 and 1988, DKB loaned Syming-ton and his affiliates a total of $127,000,000 for the development of two real estate projects. As part of the loan agreements, Symington personally guaranteed payment of up to $9,000,000, and promised to maintain a net personal worth of $4,000,000. Symington further agreed that his failure to maintain that net worth would put the loans into default. In order to obtain a loan disbursement, Symington was required to prepare and submit a “borrower’s affidavit.” One of the representations reaffirmed in each affidavit was Syming-ton’s promise to continue to maintain a net worth of $4,000,000.
Counts 13 to 15 relate to borrower’s affidavits submitted by Symington when his net worth was less than $4,000,000. It is undisputed that Symington did submit affidavits reaffirming his agreement to maintain a net worth of at least $4,000,000 even after his net worth had sunk below that level. Symington testified at trial that the net worth requirement “never even crossed [his] mind” when he signed the draw requests. Nevertheless, we hold that the jury could rationally have chosen to disbelieve Symington’s testimony. At trial, evidence from Symington’s own handwritten notes showed that he had shielded his financial statements from a full-fledged audit, so that no accountant could conclude that his net worth was less than $4,000,000. A rational juror could have inferred from this evidence that Sym-ington was aware of the $4,000,000 requirement, and knew he did not meet it when he filed the false affidavits.
As to Symington’s intent to influence DKB, the government introduced the evidence of Seiichi Chiba, the DKB loan officer responsible for the relevant loans. Chiba testified that DKB looked to the borrower’s affidavits to ensure that there was no default under the terms of the loan. Chiba further testified that DKB relied on the veracity of the borrower’s affidavits, that the net worth requirement was important to DKB, and that as soon as he learned Symington was in default under that requirement, he had to obtain special permission to continue the loan. Based on this evidence of the importance of the $4,000,000 requirement to DKB, a rational juror could have concluded that by submitting borrower’s affidavits claiming to have met the requirement, Symington intended to influence DKB not to declare the loan in default. Indeed, Symington submitted the borrower’s affidavits for the purpose of influencing DKB to continue to disburse funds.
We find, therefore, that there was sufficient evidence to convict Symington on counts 13 to 15.
B.
In its cross-appeal, the government contends that the district court erred in granting Symington a post-verdict judgment of acquittal on count 11. Like counts 13 to 15, that count also charged Symington with violation of 18 U.S.C. § 1014. Count 11 charged that in a loan extension agreement with Valley National Bank (VNB) dated June 24, 1991, Symington [1090]*1090knowingly represented that his personal financial statement of December 31, 1990 was true and accurate, even though he knew that the statement was false. The jury voted to convict Symington on count 11, but the district court found insufficient evidence to support the conviction. Our mode of review here is the same as for counts 13 to 15: reviewing the evidence in the light most favorable to the government, we ask whether any rational trier of fact could have found Symington guilty on count 11 beyond a reasonable doubt.
In November, 1989 Symington signed a loan agreement with VNB for a loan of just under $900,000, to be repaid by May 30, 1991. In the agreement Symington attested that “the financial statement delivered to Bank by Borrower [Symington] is true, complete and correct in all respects and fairly presents the financial condition of Borrower as of the date hereof, and from the date of such financial statement until the date hereof, there has been no material change in the financial condition of the subject thereof.” The loan agreement did not specify a date for the “financial statement delivered to Bank by Borrower,” but the last financial statement delivered to VNB was Symington’s December 31, 1988 financial statement (the 1988 statement). The loan agreement elsewhere provided that Symington would provide VNB with annual financial statements, and that he would maintain a net worth of not less than $4,000,000. Thus on May 8, 1990 Symington provided VNB with his December 31, 1989 financial statement (the 1989 statement), and on May 14, 1991 he submitted his December 31, 1990 statement (the 1990 statement). It was proved at trial that the 1990 statement was materially false, and that Symington falsely represented its accuracy to VNB when he submitted it.10
VNB granted Symington a short extension of the 1989 loan in June, 1991. Paragraph 5 of the extension agreement provided that Symington “hereby reaffirms to Bank the accuracy, as of the date hereof, of all of the respective representations and warranties made by him in the Note and Loan Agreement.” Count 11 charged that in signing the extension agreement, Sym-ington falsely represented the accuracy of his 1990 statement. However, the 1990 statement was not a “representation ... made by [Symington] in the Note and Loan Agreement.” The original loan agreement referred to a “financial statement delivered to Bank.” Since that agreement was signed on November 21,1989, by its terms it cannot have referred to Sym-ington’s 1990 statement, since it did not yet exist. Thus, the loan extension agreement made no reference to the veracity of the 1990 statement. It merely reaffirmed Symington’s representation that the statements made in the original loan agreement, including the 1988 statement submitted in conjunction with its signing, were accurate, as of the time they were made. Because a rational juror could not have found that the extension agreement referred to the 1990 statement, we affirm the district court’s grant of judgment of acquittal on count 11. Symington may not be retried on that count.
IV.
The government also appeals from the district court’s dismissal of 11 mistried counts for violation of the Speedy Trial Act, 18 U.S.C. §§ 3161-74. On September 13, 1997, the jury returned its verdict and announced that it was deadlocked on 11 counts. The district court declared a mistrial as to those counts (the mistried counts). Neither party acted further on the mistried counts until Symington’s sentencing on February 2, 1998, when Symington moved for dismissal under the Speedy Trial Act. The district court granted the motion and dismissed the mistried counts without prejudice. We review [1091]*1091questions of law under the Speedy Trial Act de novo. See United States v. George, 85 F.3d 1433, 1436 (9th Cir.1996).
The Speedy Trial Act provides that “if the defendant is to be tried again following a declaration by the trial judge of a mistrial ... the trial shall commence within seventy days from the date the action occasioning the retrial becomes final.” 18 U.S.C. § 3161(e). Time began to run under this provision on September 3, 1997. Thus, since more than 70 days elapsed between September 3, 1997 and February 2, 1998 when Symington moved to dismiss the mistried counts, dismissal was required unless the Speedy Trial Act should have been tolled for some or all of that interval. As to such tolling, § 3161(h) provides, in pertinent part:
The following periods of delay shall be excluded in computing the time within which ... the trial ... must commence:
(1) Any period of delay resulting from other proceedings concerning the defendant, including but not limited to—
(F) delay resulting from any pretrial motion, from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, such motion;
(J) delay reasonably attributable to any period, not to exceed thirty days, during which any proceeding concerning the defendant is actually under advisement by the court.
18 U.S.C. § 3161(h).
When the jury announced its verdict on September 3, 1997, Symington moved for an extension of time (the extension motion) in which to file a post-trial motion for judgment of acquittal or new trial as to the counts on which the jury voted to convict. The district court took that motion under advisement and granted it on September 5, 1997. The two days from September 3 to September 5 were excludable from Speedy Trial Act calculations under § 3161(h)(l)(J) as time during which a “proceeding concerning the defendant [was] actually under advisement by the court.” Symington filed his post-trial motion for judgment of acquittal (the post-trial motion) on October 10, 1997. The district court heard argument on the motion on December 1, 1997, and took the matter under advisement until issuing an order resolving it on January 20, 1998. Even excluding the time from September 3 to 5, the Spe.edy Trial Act’s 70-day period had passed well before the district court took the post-trial motion under advisement on December 1,1997.
The government argues, however, that the entire period from September 3, 1997 (when Symington filed his extension motion) to January 20, 1998 (when the court rule on Symington’s post-trial motion) should be excluded because it was a “period of delay resulting from other proceedings concerning the defendant.” 18 U.S.C. § 3161(h)(1). The government correctly notes that “other proceedings” is not limited to those expressly listed in § 3161(h)(1). See United States v. LopezEspindola, 632 F.2d 107, 110 (9th Cir.1980) (“the ‘including but not limited to’ language makes it clear that Congress did not intend to restrict the meaning of ‘other proceedings’ to those specifically ventured.”). Accordingly, the government maintains that Symington’s post-trial motion was an unenumerated “proceeding[ ] concerning defendant” under § 3161(h)(1), and that the entire pendency of the motion should be excluded from Speedy Trial Act calculations.
The government’s argument is foreclosed by our decision in United States v. Tertrou, 742 F.2d 538 (9th Cir.1984). In Tertrou, we distinguished between pre-trial and post-trial motions:
Under section 3161(h)(1)(F), any period of delay resulting from a pre-trial motion is excluded from the time of the filing of the motion through its disposition. Other types of proceedings not enumerated, such as post-trial motions, are cause for exclusion of the time that the matter is under advisement. See 18 U.S.C. § 3161(h)(l)(J).
[1092]*1092Id. at 539. In Tertrou, a mistrial was first declared on all counts. The defendant subsequently filed a motion for judgment of acquittal on the mistried counts. The motion was still pending 70 days later, when the government initiated retrial proceedings. The district court allowed the retrial, treating defendant’s post-trial motion as a pre-trial motion for Speedy Trial Act purposes and excluding the entire period during which the motion was pending. We reversed, holding that post-trial motions are covered only by § 3161(h)(l)(J). Accordingly, “only the period that [a post-trial] motion is under advisement is excluded.” Id. at 539.
Tertrou controls our treatment of the issue here.11 Under Tertrou, the pen-dency of Symington’s post-trial motion was not excludable under § 3161(h)(1), and the district court properly dismissed the mis-tried counts.
V.
Because the record evidence discloses a reasonable possibility that the impetus for Juror Cotey’s dismissal was her position on the merits of the case, we hold that her dismissal was improper. Accordingly, we REVERSE Symington’s conviction and VACATE his sentence.12 We AFFIRM the district court on the other issues reached herein. Counts 13 to 15 may be among the counts on which Symington is retried; count 11 may not. The mistried counts were properly dismissed without prejudice for violation of the Speedy Trial Act.