United States v. Larry Halliburton

Larry Halliburton appeals from the judgment of conviction entered after a jury found him guilty of conspiracy to distribute cocaine pursuant to 21 U.S.C. § 846 and possession with intent to distribute cocaine pursuant to 21 U.S.C. § 841 (a)(1). Halliburton was sentenced to concurrent sen tences of eleven years in prison and an additional five years of supervised release.

During trial, after the prosecution rested its case and Halliburton had testified, the district court issued an order terminating Halliburton’s release on the ground that he was a flight risk. The district court found that the government’s proof was overwhelming and Halliburton’s version of the facts was not credible. The district court also considered the fact that Halliburton had no community ties and that he faced a lengthy prison term upon conviction.

Halliburton seeks reversal on the ground that his right to a fair trial was unfairly prejudiced when members of the jury observed him in handcuffs outside the courtroom following the district court’s order terminating his release. We disagree and affirm.

I

Whether a defendant’s right to a fair trial is violated because members of the jury observe him in…