United States v. James Allen, II

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 21-10060 Plaintiff-Appellee, D.C. No. v. 4:20-cr-00300-HSG-

JAMES DAVID ALLEN II,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Northern District of California Haywood S. Gilliam, Jr., District Judge, Presiding

Argued and Submitted December 6, 2021 San Francisco, California

Filed May 16, 2022

Before: Carlos F. Lucero,* Sandra S. Ikuta, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Ikuta

* The Honorable Carlos F. Lucero, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY**

Criminal Law

The panel vacated James Allen’s conviction and the district court’s denial of his motion to suppress, and remanded for a new suppression hearing and a new trial, in a case in which the district court, at the height of the coronavirus pandemic in 2020, prohibited members of the public from attending Allen’s suppression hearing and trial and rejected his request for video-streaming of the…