United States v. Lee

MEMORANDUM *

Tracy Lee was apprehended after a high speed chase that ended when a police cruiser rammed the van he was driving, causing it to spin out. In the van, police found a gun with Lee’s fingerprint on the barrel, but Lee claimed that the gun was not his and that he only realized it was there when it hit his hand in the commotion of the crash. Lee was later caught on tape cajoling his girlfriend to claim that the gun was hers. A jury convicted Lee of three counts: (1) felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g) and 924(e); (2) conspiracy to obstruct justice in violation of 18 U.S.C. § 371 , and (3) obstruction of justice in violation of 18 U.S.C. § 1503 . Lee timely appeals his convictions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I.

Lee argues that the district court committed structural error by violating his Sixth Amendment right to a public trial. See Neder v. United States, 527 U.S. 1, 8 , 119 S.Ct. 1827 , 144 L.Ed.2d 35 (1999). The district court conducted juror questioning and peremptory challenges in public, but held for-cause challenges to prospective jurors in chambers. Lee did not object to the voir dire format at…