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U.S. v. TORRES

Nos. 1587, 1632, Dockets 96-1535, 96-1597.

128 F.3d 38 (1997)

UNITED STATES of America, Appellee, v. Robert TORRES, also known as Roberto Torres-Amaro, also known as Papo, also known as Papo Biombo, also known as Papo Blue Moon, also known as El Brujo; Ismael Pastrana, also known as Ismael Pastrana-Delgado, also known as Junior Pastrana, also known as Junior Grasa; Miguel Millan, also known as Miguel Millan-Silva, also known as Mickey Millan, also known as Maneco; Manuel Cruz, also known as Manuel DeJesus, also known as Manny, also known as Maneco; Juan Lugo, also known as Juan A. Lugo-Castro, also known as Juan Angel Lugo, also known as Juan Antonio Lugo Melendez, also known as Johnny Lugo; Edwin Torres, also known as Compy; Elvin Reyes, also known as Tuti, also known as Tuty; Gilberto Laguna, also known as Gilberto Ruben Laguna, also known as NFN Ruben; Pedro J. Merete, also known as Chucky; JosÉ Espada, also known as José Espada Martinez, also known as Chan; Carmelo Rodriguez, also known as Carmelo Rodriguez-Rosas; Enrique Rodriguez, also known as Enrique Rodriguez-Narvaez, also known as Quique; Manuel Iglesias; Carmen Amaro; Miguel Torres, also known as Miguel Torres-Diaz, also known as Miguel Diaz, also known as Papo Viejo, also known as Papo Grande, also known as Big Papo; Gloria Vasquez, also known as Gloria Vasquez Ortiz, also known as Dona Gloria; Hector Roman and John Chapel, also known as Juan Alvaro Chapel, Defendants, Joaquin Rivera and Joseph T. Devery, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 9, 1997.

Attorney(s) appearing for the Case

David L. Lewis, Lewis & Fiore, New York City, for Defendant-Appellant Rivera.

Paul T. Gentile, Gentile & Dickler, New York City (Diarmuid White, Brendan White, of counsel), for Defendant-Appellant Devery.

Mary Jo White, United States Attorney, Southern District of New York, New York City (Tai H. Park, Craig A. Stewart, of counsel), for Appellee.

Before: NEWMAN, KEARSE, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

This case focuses primarily on the boundaries of the trial judge's discretion to excuse prospective jurors for cause. It asks us to consider under what circumstances a trial judge may either presume or infer bias on the part of a venireperson without explicitly asking whether he or she could apply the law impartially.

It is well-settled in our circuit that judges must presume bias in certain highly limited situations where...

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