United States First Circuit

Conviction for drug- and firearm-related offenses, as well as, witness tampering and making false statements to the Drug Enforcement Administration, is affirmed over claims of error regarding: 1) deficient trial counsel performance in violation of Sixth Amendment; 2) a denial of a motion to sever; 3) alleged structural error by the district court in closing the courtroom to the public on two occasions; 4) whether the district court permitted a constructive amendment of the indictment; 5) the sufficiency of the evidence; 6) erroneous jury instructions; 7) Sixth Amendment violation in the court's application of sentencing guidelines; and 8) a ruling allowing the government to redact portions of the recording and transcript of a conversation over a request for inclusion for impeachment purposes.

Appellate Information

• Decided 05/13/2008
• Published 05/13/2008

Judges

• STAHL, Senior Circuit Judge., Before HOWARD, Circuit Judge, STAHL, Senior Circuit Judge, and BESOSA, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert L. Sheketoff and Anthony Bucci, pro se, for appellant Anthony Bucci., Raymond J. Rigat, for appellant David A. Jordan.


• For Appellees:
  
• David A. Hollar, U.S. Department of Justice Criminal Division, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.