United States v. Craig A. Smith

FLAUM, Chief Judge.

Craig Smith appeals his conviction for witness retaliation under 18 U.S.C. § 1513(b) following a jury trial. Smith contends on appeal that: (1) the indictment charging him is insufficient as a matter of law, (2) the district court erred by excluding from evidence the victim’s misdemeanor convictions, and (3) by substituting a juror outside of Smith’s presence, the court violated his right to be present at all stages of the criminal proceedings. For the reasons stated herein, we affirm.

I. BACKGROUND

On the evening of October 30, 1998, Craig Smith accosted Timothy Heater…