United States v. Gupta, No. 09-4738 (2d Cir. 2011)
Annotate this CaseDefendant was convicted of immigration fraud and sentenced to 51 months imprisonment. At issue was under what circumstances did the exclusion of the public from a courtroom during voir dire violate a defendant's Sixth Amendment right to a public trial. The court held that, although the district court's exclusion of defendant's brother and girlfriend during voir dire failed to meet the four-factor test set forth in Waller v. Georgia, and now Presley v. Georgia, the exclusion was too trivial to implicate defendant's Sixth Amendment right to a public trial. The court also held that Presley did not alter the "triviality exception" to the public trial guarantee. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on November 8, 2012.
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