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U.S. v. SANTIAGO

Nos. 90-2180, 90-2199.

977 F.2d 517 (1992)

UNITED STATES of America, Plaintiff-Appellee and Cross-Appellant, v. Jerry SANTIAGO, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 26, 1993.

Attorney(s) appearing for the Case

Robert J. Gorence, Asst. U.S. Atty., William L. Lutz, U.S. Atty., Albuquerque, N.M., with him on the brief), for plaintiff-appellee and cross-appellant.

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant and cross-appellee.

Before LOGAN and BRORBY, Circuit Judges, and CARRIGAN, District Judge.

CARRIGAN, District Judge.

Defendant Jerry Santiago appeals his conviction and sentence for one count of mail fraud in violation of 18 U.S.C. § 1341. He argues that the prosecutor's comments during closing argument were so prejudicial as to require a new trial. He further asserts that his exclusion from the district judge's ex parte examination of a juror violated his right to be present at all stages of the trial. In addition, both parties appeal aspects...

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