Michael Sean Graham v. United States
DueProcess FifthAmendment
Did the Ninth Circuit err in holding that masking trial witnesses did not violate the defendant's due process and confrontation rights?
QUESTIONS PRESENTED 1. By denying relief, did the Ninth Circuit Court of Appeals err in holding that the masking of trial witnesses was not a violation of defendant’s Fifth Amendment right to due process and his Sixth Amendment right to confront the government’s witnesses, but, rather, was a permissible and non-prejudicial measure to advance an important public interest, to wit: to prevent the spread of the SARS-COV-2 virus among trial participants? 2. Does the decision in the instant case conflict with the decision of another Circuit Court of Appeals’ decision on an important matter, to wit: whether, in a wire fraud case, the government must prove that the wired funds must necessarily have been sourced, at least in part, from the tainted portion of a specific pool of funds containing both tainted and untainted funds?