UNITED STATES of America, Plaintiff-Appellee, v. Percy Mark MIGUEL, Defendant-Appellant

OPINION

CANBY, Circuit Judge:

Percy Mark Miguel appeals his jury conviction of two counts of abusive sexual contact in violation of 18 U.S.C. § 2244(a)(1). Miguel’s primary contention is that the district court’s procedure for taking the eleven-year-old victim’s videotaped deposition violated 18 U.S.C. § 3509 as well as Miguel’s Sixth Amendment rights to confrontation of witnesses and assistance of counsel. The fatal defect in the procedure, according to Miguel, is that it failed to afford him the “means of private, contemporaneous communication” with his counsel that the statute guarantees,…