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Anthony Bucci v. United States of America

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Before Thompson, Selya, and Dyk, *fn1 * Circuit Judges.

Anthony Bucci (“Bucci”) and David Jordan (“Jordan”) were jointly tried and convicted of drug-related crimes. Each appeals from the district court’s denial of his 28 U.S.C. _ 2255 petition for collateral relief. Both appellants contend that their Sixth Amendment right to a public trial was violated by a partial courtroom closure that occurred during jury selection; and that an improper delegation of Article III authority occurred because issues regarding the courtroom closure were determined by the clerk rather than by the judge. The appellants alternatively contend that they are entitled to new _ 2255 hearings because Bucci was not permitted to attend the hearing below (although he was represented by counsel); and Jordan was neither permitted to attend nor was he provided with appointed counsel at that time. Finally, Bucci additionally asserts various claims of prosecutorial misconduct.

We affirm the district court’s denial of Bucci’s _ 2255 petition. However, we conclude that Jordan is entitled to a new _ 2255 hearing. We accordingly vacate the district court’s denial of Jordan’s petition and remand Jordan’s case for further proceedings.

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