United States of America, Plaintiff-appellee, v. Harold Joseph Walden, Ii, Defendant-appellant, 133 F.3d 931 (9th Cir. 1997)

 Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 133 F.3d 931 (9th Cir. 1997) Argued and submitted Dec. 3, 1997. Decided Dec. 31, 1997

Before: SCHROEDER and KOZINSKI, Circuit Judges, and WHYTE,**  District Judge.

MEMORANDUM* 

As the government conceded at argument, denying defendant's request to be present at sidebar voir dire violated Fed. R. Crim. P. 43. However, defendant was excluded from only a small portion of voir dire, no showing was made that his presence would have added anything substantial to his opportunity to defend, and the evidence of guilt was overwhelming. Therefore, the error was harmless beyond a reasonable doubt. See United States Brown, 832 F.2d 128, 130 (9th Cir. 1987).

AFFIRMED.

 **

The Honorable Ronald M. Whyte, Northern District of California, sitting by designation

 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.