United States v. Vejar-Urias

RHESA HAWKINS BARKSDALE, Circuit Judge,

specially concurring:

I concur in all but the conclusion that there was a Bruton error. On this point, and as partially covered by the majority opinion, there are significant factual differences between the case at hand and Gray v. Maryland, 523 U.S. 185, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998). The principal difference, not directly brought to light by the majority, is that, unlike in Gray, no written/redacted confession was given the jury to examine. Accordingly, and in that the Bru-ton error, if any, was harmless, I would instead only assume Bruton error and would then apply a harmless error analysis.