U.S. v. Yumang

Defendant was found guilty of three drug-trafficking crimes as well as unlawfully possessing a firearm in further of a drug crime. On appeal, defendant alleged errors related to the testimony of one of the government’s drug analysts, who the government disclosed had been placed on a performance improvement plan. The Seventh Circuit affirmed, finding that a brief courtroom closure for the parties to perpetuate a sidebar conversation did violate defendant’s right to a public trial and that the district court reasonably concluded that the performance improvement plan was not relevant to the case because it was not put into place until three years after the evidence in defendant’s trial was analyzed and that there were no allegations that there were concerns about the proficiency of the chemist at that time that the evidence was analyzed in defendant's case. (BRENNAN and EASTERBROOK, concurring)