United States of America, and Cross-Appellant v. Jerry Santiago, and Cross-Appellee

CARRIGAN, District Judge.

Defendant Jerry Santiago appeals his conviction and sentence for one count of mail fraud in violation of 18 U.S.C. § 1341. He argues that the prosecutor’s comments during closing argument were so prejudicial as to require a new trial. He further asserts that his exclusion from the district judge’s ex parte examination of a juror violated his right to be present at all stages of the trial. In addition, both parties appeal aspects of the district court’s sentencing decisions.

I. BACKGROUND.

In 1989, Santiago was a United States Customs Service enforcement officer in New…