U.S. v. Gaya

In prosecution on series of drug charges, Dist. Ct. did not commit reversible error in directing defense counsel to not discuss any aspect of defendant’s case during nightly recess of trial that occurred during middle of defendant’s cross-examination and during dispute between parties over whether defendant could be impeached by certain phone records. While defendant should have been able to discuss aspects of case with his counsel during recess as part of his right to counsel, Dist. Ct. could properly preclude defense counsel from discussing disputed phone records until Dist. Ct. made ruling as to their use at trial, and thrust of Dist. Ct.’s direction was to preclude discussion of phone records. Moreover, defense counsel should have clarified with Dist. Ct. scope of its direction if he had believed that any right to counsel was being violated.