131862P.pdf   09/08/2014  Jon Henry Sweeney  v.  United States
   U.S. Court of Appeals Case No:  13-1862
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bright, Author, with Loken and Gruender, Circuit Judges] 
   Prisoner case - habeas. For the details of the underlying criminal case, 
   see U.S. v. Sweeney, 611 F.3d 459 (8th Cir. 2010). The district court did 
   not err when it determined that while Sweeney's Sixth Amendment right to 
   counsel was violated when his attorney briefly left the courtroom to go 
   the bathroom during the direct examination of a co-conspirator who was 
   cooperating with the government, counsel's brief absence constituted trial 
   error and was not a structural defect; because the certificate of 
   appealability in the case was limited to the question of whether 
   harmless-error analysis applied, the court would not address the district 
   court's conclusion that the error was harmless beyond a reasonable doubt.