United States v. Larry Tai Chen, Aka: "Tai-Hsuan Chen"

981 F.2d 1259 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Larry Tai CHEN, aka: "Tai-Hsuan Chen", Defendant-Appellant. No. 92-50010. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1992. Decided Dec. 16, 1992. Before JAMES R. BROWNING, SCHROEDER and FLETCHER, Circuit Judges. 1 MEMORANDUM * 2 We affirm on the ground appellant waived his right to be present in the courtroom by repeatedly interrupting the trial. Illinois v. Allen, 397 U.S. 337, 343-46 (1970); Fed.R.Crim.P. 43(b)(2). 3 We reject appellant's contention that after warning him he would be removed if he refused to behave, the district judge should have waited to see whether he persisted in disrupting the trial before removing him from the courtroom. See Fed.R.Crim.P. 43(b) (defendant waives his right to be present if he, "after being warned that disruptive conduct will cause the removal of the defendant from the courtroom, persists in…