United States v. Jeremiah D. Toliver

OPINION OF THE COURT

AMBRO, Circuit Judge.

Jeremiah D. Toliver was convicted by a jury in the Western District of Pennsylvania of violating 18 U.S.C. § 922(g)(1) (possession of a firearm by a convicted felon). During jury deliberations, the District Court answered a jury question without first notifying either the defendant or defense counsel. Toliver argues on appeal that this violated his Fifth and Sixth Amendment rights to be present at every stage of trial, as well as his Sixth Amendment right to counsel. 1 While the District Court’s manner of handling the jury’s inquiry was incorrect, it…