113511P.pdf   01/11/2013  Anthony Charboneau, III  v.  United States
   U.S. Court of Appeals Case No:  11-3511
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Loken, Author, with Beam and Smith, Circuit Judges]
   Prisoner case - habeas. For the court's opinion in Charboneau's direct
   appeal, see U.S. v. Charboneau, 613 F.3d 860 (8th Cir. 2010). Charboneau
   procedurally defaulted his claim that the district court violated his Sixth
   Amendment right to a public trial by failing to raise it in his direct appeal; 
   the procedural default was not excused by ineffective assistance of
   counsel since the decision not to raise the issue (and focus instead on a
   stronger Confrontation Clause claim) was a reasonable appellate strategy
   and there was no reasonable probability that closing the courtroom while
   a minor victim testified was plain error at the time of the trial.