United States v. Gupta

HALL, Circuit Judge:

This appeal requires us to revisit an issue last considered in Gibbons v. Savage, 555 F.3d 112 (2d Cir.2009)- — under what circumstances does the exclusion of the public from a courtroom during voir dire violate a defendant’s Sixth Amendment right to a public trial. In Gibbons and earlier cases, we identified an exception to this right applicable to situations where the exclusion of the public, though improper, was too trivial to implicate the Sixth Amendment’s public trial guarantee, making vacatur of the defendant’s conviction unnecessary. We conclude that this exception…