United States v. Zuhair I. Al-Smadi A/k/a, Sudgi Asad

PAUL KELLY, Jr., Circuit Judge.

After normal working hours, the federal courthouse in Santa Fe, New Mexico is closed to the public. See generally 41 C.F.R. § 101-20.302 (1993). Consistent with normal practice, this occurred at 4:30 p.m. during the second day of Mr. Al-Smadi’s five-day trial for wire fraud, 18 U.S.C. § 1343. The court security officers failed to keep the front doors of the courthouse open past 4:30 p.m., given that a trial was in progress. Defense counsel’s wife and child were unable to gain access to the second-floor courtroom when they attempted to enter the courthouse after…