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United States v. Ward

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Submitted: December 17, 2009

Before LOKEN, Chief Judge, BENTON, Circuit Judge, and VIKEN,*fn1 District Judge.

A traffic stop led to a warrant search of Terry Lee Ward’s recreational vehicle, where police seized a computer and CDs containing thousands of images of child pornography and, in a safe, a video of a twelve-year-old girl showering and Ward drying her off with a towel. He was charged with one count of production and one count of possession of child pornography in violation of 18 U.S.C. §§ 2251(a) and 2252(a)(4)(B). Following an investigation that included other conduct, Arkansas authorities charged Ward with rape; he was convicted of that charge and sentenced to life in prison before trial of the federal charges. The same attorney represented Ward in both cases. On the first day of trial, prior to selecting a jury, Ward was disruptive. After warning Ward, the district court had him removed, and he was not present during any portion of the trial. The jury convicted him of both charges. He was sentenced to 300 months in prison on the production count and a concurrent 120 months in prison on the possession count. Ward appeals. Concluding he was prejudiced by a violation of his constitutional right to be present at trial, we reverse.

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