U.S. v. ALIKPO

No. 90-2234.

944 F.2d 206 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Ken ALIKPO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 23, 1991.


Attorney(s) appearing for the Case

Sunny Leigh Kapungu, Houston, Tex., for defendant-appellant.

James L. Turner, Paula Offenhauser, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before POLITZ and HIGGINBOTHAM, Circuit Judges, and BUNTON, District Judge.


POLITZ, Circuit Judge:

Ken Alikpo1 appeals his conviction on four counts of conspiracy related to the importation, possession, and intended distribution of heroin. Finding that the trial court erred by conducting most of the jury selection process in the absence of the defendant, without his express waiver of the statutory and constitutional right to be present or other reason justifying same, we vacate and remand.

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