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U.S. v. GUPTA

Docket No. 09-4738-cr.

650 F.3d 863 (2011)

UNITED STATES of America, Appellee, v. Raghubir K. GUPTA, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 17, 2011.

Attorney(s) appearing for the Case

Jeffrey Hoffman ( Susan C. Wolfe , on the brief), Hoffman & Pollok L.L.P., New York, New York, for Defendant-Appellant.

Lee Renzin , Assistant United States Attorney ( Jesse M. Furman , Assistant United States Attorney, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, for Appellee.

Judge B.D. PARKER, dissents in a separate opinion.

HALL, Circuit Judge:

This appeal requires us to revisit an issue last considered in Gibbons v. Savage, 555 F.3d 112 (2d Cir.2009) — under what circumstances does the exclusion of the public from a courtroom during voir dire violate a defendant's Sixth Amendment right to a public trial. In Gibbons and earlier cases, we identified an exception to this right applicable to situations where the exclusion of...

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