United States v. Torres

Summary

In *United States v. Torres*, the Fifth Circuit held that a district court violated the defendant's Sixth Amendment right to counsel by barring all communication with his attorney during a 13-hour overnight recess in the middle of his direct examination. Applying *Geders v. United States*, the court found that such a ban during an overnight recess is presumptively prejudicial and constitutes a denial of counsel at a critical stage, requiring reversal even under plain error review. The case underscores the rule that a trial court may not prohibit a testifying defendant from consulting with counsel during an overnight recess, as it implicates the defendant's right to unrestricted access to advice on trial-related matters.

Holdings

1. The district court's order barring Torres from all communication with his attorney during a 13-hour overnight recess violated his Sixth Amendment right to the assistance of counsel under Geders v. United States.

Questions Presented

1. Whether the district court violated Torres's Sixth Amendment right to the assistance of counsel by barring all communication with his attorney during an overnight recess declared in the middle of his direct examination.
2. Whether the district court violated Torres's Sixth Amendment right to confrontation by limiting cross-examination of a government witness.
3. Whether the district court erred in applying a four-level aggravating role adjustment under U.S.S.G. § 3B1.1(a).

Disposition

reversed_and_remanded