United States v. Joe Reyes

Joe Angel Reyes appeals his conviction of one count of attempted bank robbery in violation of 18 U.S.C. § 2113 (a). Reyes raises two arguments on appeal. First, he contends that the district court violated his right to be present at trial by excluding him from certain side bar exchanges during jury selection. Second, he asserts that his sentence is substantively unreasonable. We have' jurisdiction under 28 U.S.C. § 1291 . We affirm.

I.

A. Jury Selection

A federal grand jury returned an indictment charging Reyes with two counts of bank robbery and two counts of attempted bank robbery in violation of 18 U.S.C. § 2113 (a). The district court conducted voir dire on March 6, 2012. Reyes was present in the courtroom with his attorneys. After questioning the first twelve jurors in open court, the district court conferred with the attorneys representing Reyes and the government at side bar. The court began by asking Reyes’s attorney, John Littrell, whether any jurors should be excused for cause. After the lawyers discussed which jurors should be excused, Littrell requested that Reyes himself be permitted to participate at the side bar conferences with the lawyers. The court…