United States v. Juan M. Gordon, (Two Cases)

WILL, Senior District Judge:

A jury convicted Juan Gordon of possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1) (1981) and unlawful possession of drug paraphernalia in violation of D.C.Code § 33-550 (1981). Gordon raises two issues on appeal, but in light of our disposition we need address only one: whether the trial court erred by impaneling the jury in Gordon’s absence, and if so, whether the error requires reversal.1 We conclude that Gordon had a right to be present at jury selection, that he did not effectively waive this right, and that his absence was…