Kleinbart v. United States

NEWMAN, Chief Judge:

After a bifurcated jury trial, appellant was convicted of carrying a pistol without a license. Based on written assertions by the United States that he had been previously convicted of a felony, an enhanced sentence of from three to ten years’ confinement was imposed for what was otherwise a misdemeanor. 1 He raises three issues on appeal: (1) denial of his right guaranteed by the Sixth Amendment to a public trial; (2) an alleged abuse of discretion by the trial court’s refusal to impanel a second jury for the insanity phase of the bifurcated trial and thereafter by its…