UNITED STATES of America, Plaintiff-Appellee,
v.
Nicholas GONZALES-FLORES, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: October 24, 2012.
Decided: December 4, 2012.
Attorney(s) appearing for the Case
ARGUED: Christine Madeleine Lee , Office of the Federal Public Defender, Roanoke, Virginia, for Appellant. Thomas T. Cullen , Office of the United States Attorney, Roanoke, Virginia, for Appellee. ON BRIEF: Larry W. Shelton , Federal Public Defender, Roanoke, Virginia, for Appellant. Timothy J. Heaphy , United States Attorney, Roanoke, Virginia, Ramin Fatehi , Special Assistant United States Attorney, Lucas E. Beirne , Third Year Law Intern, Office of the United States Attorney, Charlottesville, Virginia, for Appellee.
Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.
United States Court of Appeals, Fourth Circuit.
OPINION
WILKINSON, Circuit Judge:
In this case, we must decide whether Rule 43 of the Federal Rules of Criminal Procedure requires that a defendant be present at a pretrial hearing where the district court determines whether the government violated its discovery obligations and, if so, how to remedy the violation. After counsel for defendant Nicholas Gonzales-Flores filed a motion in limine seeking to exclude evidence...
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