United States Ninth Circuit

Convictions of defendant-members of the Avenues 43 Latino street gang for conspiring to intimidate African American citizens in the Highland Park neighborhood, 18 U.S.C. section 241, killing based on race, sections 245(b)(2)(B) and 2(a), and using firearms to carry out the conspiracy, sections 924(c)(1)(A)(iii), (j)(1) and 2(a), are affirmed where: 1) defendant's constitutional rights were not violated by being shackled to their chairs at trial; 2) defendants validly waived their rights to be present at voir dire and their right to a public trial; 3) admission of heresay statements was not reversible error; 4) the district court did not err in denying Saldana's motion to suppress; 5) defendant's rights under the Confrontation Clause were not violated because of invited error; and 6) section 245(b)(2)(B) is constitutional as applied to this case.

Appellate Information

• Decided 05/14/2015
• Published 05/14/2015

Judges

• Piersol

Court

• United States Ninth Circuit

Counsel