United States v. Aguiar

Defendant challenged the denial of a collateral attack pursuant to 28 U.S.C. 2255 on a conviction by a jury of crimes relating to a series of armed bank robberies. The DC Circuit held that defendant's contention that his trial and appellate counsel failed to object to the closure of voir dire, in violation of his Sixth Amendment right to a public trial was foreclosed in light of Weaver v. Massachusetts, 137 S. Ct. 1899 (2017), because he has not shown prejudicial error from the voir dire closure. The court held that defendant's second contention regarding the plea offer required remand because the motion and the files and records of the case did not conclusively show that he was entitled to no relief. Accordingly, the court affirmed in part, reversed in part, and remanded for further proceedings. View "United States v. Aguiar" on Justia Law