USA v. Ansari, No. 21-50915 (5th Cir. 2022)
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Defendant was convicted on all five counts of a 2011 indictment charging himself and two co-conspirators with a variety of offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual-use commodities—goods with both civilian and military applications—from falling into the hands of adversaries like Iran. On appeal, Defendant seeks reversal and remand on three independent grounds.
The Fifth Circuit affirmed. The court held that because of the Government’s diligence and Defendant’s evasiveness, the first two factors in the Barker balancing test weigh decidedly against Defendant’s speedy trial claim. The court wrote this is a case where a defendant who took steps to avoid being caught now faults the Government for not catching him sooner. Further, Defendant’s efforts to avoid apprehension cut against his speedy trial assertion in another way, as well—they betray a lack of diligence in asserting the right. Thus, because the Barker balancing test weighs overwhelmingly against Defendant, the district court was correct to deny his motion to dismiss for lack of speedy trial.
Finally, because the Sixth Amendment does not require a district court to render a particularized dissertation to justify a partial courtroom closure that is reasonable, neutral, and largely trivial (i.e., requiring spectators to watch and listen on live stream rather than in-person), the district court’s partial closure of Defendant’s jury trial was not unconstitutional.
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