United States v. Craig Ivester, 316 F.3d 955 (9th Cir. 2003). · Go Syfert
United States v. Craig Ivester, 316 F.3d 955 (9th Cir. 2003). Cases Citing This Book View Copy Cite
145 citation events (145 in the last 25 years) across 34 distinct courts.
Strongest positive: William Darby v. State of Alabama (alacrimapp, 2023-03-24)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) William Darby v. State of Alabama (2×) also: Cited as authority (rule)
Ala. Crim. App. · 2023 · quote attribution · 1 verbatim quote · confidence high
before applying the waller test ..., we must first determine whether the right to a public trial attaches to the proceeding in question.
discussed Cited as authority (quoted) State v. Decker
N.D. · 2018 · quote attribution · 1 verbatim quote · confidence low
before applying the waller test to determine whether the district court violated defendant's sixth amendment right to a public trial, we must first determine whether the right attaches . . . .
discussed Cited as authority (rule) United States v. Paul Girard
3rd Cir. · 2026 · signal: cf. · confidence medium
Cf. United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003) (closure during “routine jury administrative matters that have no bearing on [defendant]’s ultimate guilt or innocence” was trivial).
discussed Cited as authority (rule) United States v. Agor
9th Cir. · 2025 · confidence medium
The district court did not violate Agor’s public trial right. “[T]he right to a public trial does not extend to every moment of trial” and is not impacted by * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. courtroom closures that are “technical and administrative.” United States v. Ivester, 316 F.3d 955, 959 (9th Cir. 2003).
discussed Cited as authority (rule) Noor v. Andrewjeski (2×) also: Cited "see"
W.D. Wash. · 2023 · confidence medium
United 3 States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003) (citing Peterson v. Williams, 85 F.3d 39 , 43 4 (2d Cir. 1996) and Waller, 467 U.S. at 46–47). 5 Petitioner has not established that the use of S.K.’s initials in the record amounted to a 6 court closure in violation of his Sixth Amendment rights.
discussed Cited as authority (rule) Guillory v. Santoro (2×) also: Cited "see"
S.D. Cal. · 2022 · confidence medium
In assessing triviality, the Court 13 “must determine whether the closure involved the values that the right to a public trial 14 serves.” United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003).
discussed Cited as authority (rule) Williams, April Loreace
Tex. Crim. App. · 2022 · confidence medium
Cir. 2007); Carson v. Fischer, 421 F.3d 83, 92 (2d Cir. 2005); United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003); Braun v. Powell, 227 F.3d 908, 920 (7th Cir. 2000); United States v. Al-Smadi, 15 F.3d 153 , 154–55 (10th Cir. 1994).
discussed Cited as authority (rule) Williams, April Loreace
Tex. Crim. App. · 2022 · confidence medium
Similarly, United States v. Ivester, 316 F.3d 955, 958 (9th Cir. 2003) dealt with questioning jurors in open court in the presence of the defendant and his attorney but outside the presence of the spectators because the questioning regarded safety concerns from the jury about the spectators.
discussed Cited as authority (rule) Cutrufelli v. Martinez
N.D. Cal. · 2022 · confidence medium
United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003). 7 See United States v. Langford, 802 F.2d 1176, 1180 (9th Cir. 1986) (hearing was not required— 8 where the defendant’s probation officer, who testified at trial but was not identified as such, was 9 seen by jurors leaving the probation office—because the “tenuous connection between [the 10 witness’s] emergence from the probation office and knowledge of [the defendant’s] prior 11 conviction is insufficient to support a finding of a reasonable possibility that the event complained 12 of could have affected the verdict.”)…
discussed Cited as authority (rule) United States v. Jose Sanchez
9th Cir. · 2021 · confidence medium
See United States v. Scott, 642 F.3d 791, 796 (9th Cir. 2011) (per curiam) (holding that we review for abuse of discretion the court’s questioning 4 during voir dire); United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003) (holding that we review for abuse of discretion "whether and how to hold a hearing on allegations of jury bias" stemming from a juror’s safety concerns).
discussed Cited as authority (rule) State of New Hampshire v. Daniel Turcotte
N.H. · 2020 · confidence medium
This line of 1 Because we conclude that the courtroom closure in this case did not implicate the defendant’s constitutional right to a public trial, we need not address his argument that the closure was a structural error thereby requiring automatic reversal and a new trial. 8 authority “looks . . . to whether the actions of the court and the effect that they had on the conduct of the trial deprived the defendant—whether otherwise innocent or guilty—of the protections conferred by the Sixth Amendment.” Peterson v. Williams, 85 F.3d 39, 42 (2d Cir. 1996); see, e.g., Carson v. Fischer,…
examined Cited as authority (rule) v. Lujan (3×) also: Cited "see"
Colo. · 2020 · confidence medium
See, e.g., Perry, 479 F.3d at 890–91 (exclusion of defendant’s eight-year-old son from entire trial was trivial); United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003) (exclusion of “spectators during the brief mid-trial questioning of the jurors” was trivial); Braun, 227 F.3d at 919 (exclusion of member of jury venire not selected to serve as a juror from entire trial was trivial); People v. Bui, 107 Cal. Rptr. 3d 585, 593, 595 (Cal. Ct. App. 2010) (exclusion of three 11 individuals during voir dire for roughly forty minutes was trivial); Northcutt, 358 P.3d at 185 (presiding ju…
examined Cited as authority (rule) Joseph Njonge v. Margaret Gilbert (3×) also: Cited "see"
9th Cir. · 2019 · confidence medium
We characterized the closure in Ivester as “administrative” and “very brief in 1 316 F.3d 955, 960 (9th Cir. 2003). 2 682 F.3d 1223, 1232 (9th Cir. 2012). duration,” citing Peterson v. Williams3 for the proposition that a “closure of twenty minutes was too trivial.”4 By contrast, we held in Rivera that exclusion of family members from a thirty-five minute sentencing was not “trivial,” because the presence of the public, especially of family and friends, “reminds the participants, especially the judge, that the consequences of their actions extend to the broader community.”5…
discussed Cited as authority (rule) v. Lujan
Colo. Ct. App. · 2018 · confidence medium
Cir. 2007) (partial); United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003) (administrative); Braun v. Powell, 227 F.3d 908, 918 (7th Cir. 2000) (partial); Al-Smadi, 15 F.3d at 154 (inadvertent); State v. Lindsey, 632 N.W.2d 652, 660 (Minn. 2001) (partial).
examined Cited as authority (rule) State v. Schierman (5×) also: Cited "see"
Wash. · 2018 · confidence medium
Ivester, 316 F.3d 955,960 (9th Cir. 2003); and whether that substance was contemporaneously transcribed or timely memorialized in open court, Peterson, 85 F.3dat43.
examined Cited as authority (rule) State v. Schierman (4×) also: Cited "see"
Wash. · 2018 · confidence medium
Ivester, 316 F.3d 955,960 (9th Cir. 2003); and whether that substance was contemporaneously transcribed or timely memorialized in open court, Peterson, 85 F.3dat43.
discussed Cited as authority (rule) United States v. Ramiro Plascencia-Orozco
9th Cir. · 2017 · confidence medium
On appeal, however, Plascencia argues that the district court should have “undertake[n] some minimal inquiry to explore the existence of any bias,” and that “the absence of any questioning into the matter was an abuse of discretion.” Although we ordinarily review for abuse of discretion a district court’s failure to hold a hearing on potential jury bias, United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003), because Plascencia did not request such a hearing at trial, we review the district court’s decision here for plain error.
discussed Cited as authority (rule) United States v. Withers (2×)
C.D. Cal. · 2017 · confidence medium
See Waller, 467 U.S. at 48 , 104 S.Ct. 2210 ; United States v. Ivester, 316 F.3d 955, 959 (9th Cir. 2003) (holding that trivial closures do not violate the Sixth Amendment); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir. 1992) (holding that partial closures are subject to less stringent requirements).
discussed Cited as authority (rule) Commonwealth v. Jones (2×)
Mass. · 2015 · confidence medium
By contrast, courts have rejected Sixth Amendment challenges based on court room closures during “routine jury administrative matters,” United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003) (finding no violation of public trial right where judge closed court room to address jurors’ concerns about their safety), or where the closure was “so trivial as not to implicate the right to a public trial.” Carson v. Fischer, 421 F.3d 83, 92 (2d Cir. 2005) (no violation of public trial right where judge excluded defendant’s ex-mother-in-law from court room during testimony of single wit…
discussed Cited as authority (rule) State v. Reed (2×)
Kan. · 2015 · confidence medium
“We have previously stated that the public-trial right attaches to those hearings whose subject matter ‘involve[s] the values that the right to a public trial serves.’ United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003).
cited Cited as authority (rule) Oahu Publications Inc. v. Ahn.
Haw. · 2014 · confidence medium
United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003).
cited Cited as authority (rule) United States v. Timothy Yazzie
9th Cir. · 2014 · confidence medium
United States v. Ivester, 316 F.3d 955, 958 (9th Cir.2003).
cited Cited as authority (rule) United States v. Sundeep Dharni
9th Cir. · 2014 · confidence medium
United States v. Ivester, 316 F.3d 955, 958 (9th Cir.2003); United States v. Rodrigues, 347 F.3d 818, 823 (9th Cir.2003).
discussed Cited as authority (rule) United States v. James Santos
9th Cir. · 2012 · confidence medium
See United States v. Shryock, 342 F.3d 948, 974 (9th Cir.2003) (a defendant must show not mere closure, but that it was closed affirmatively, completely, and pursuant to judicial act or order); see also United States v. Rivera, 682 F.3d 1223, 1229 (9th Cir.2012) (when a closure is trivial, “exclusion of members of the public from a judicial proceeding does not implicate the constitutional guarantee”); United States v. Withers, 638 F.3d 1055, 1063 (9th Cir.2011) (a courtroom closure must be total and of significant duration); United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir.2003) (ho…
discussed Cited as authority (rule) State v. Sublett
Wash. · 2012 · confidence medium
In United States v. Ivester, 316 F.3d 955, 958-59 (9th Cir. 2003), the court explained: Though some courts and treatises boldly declare that the Sixth Amendment right to a public trial applies to the entire trial, United States v. Sorrentino, 175 F.2d 721, 722 (3d Cir. 1949); Wayne R.
discussed Cited as authority (rule) United States v. Gupta
2d Cir. · 2012 · confidence medium
Cir. 2007) (applying Peterson’s “triviality standard”); United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir. 2003) (applying the “widely- accepted Peterson test”); Braun v. Powell, 227 F.3d 908, 918-19 (7th Cir. 2000) (adopting Peterson’s “triviality standard”); see also United States v. Greene, 431 F. App’x 191, 195 (3d Cir. 2011) (holding that Peterson’s “triviality analysis” remains valid after Presley).
examined Cited as authority (rule) United States v. David Rivera (3×) also: Cited "see"
9th Cir. · 2012 · confidence medium
“Those values are: (1) to ensure a fair trial, (2) to remind the prosecutor and judge of their responsibility to the accused and the importance of their functions, (3) to encourage witnesses to come forward, and (4) to discourage perjury.” Id. (quoting United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003)).
discussed Cited as authority (rule) Bucci v. United States
1st Cir. · 2011 · confidence medium
See Peterson v. Williams, 85 F.3d 39, 42-44 (2d Cir.1996) (holding that a brief and accidental continuation of a proper courtroom closure, which was not noticed by any of the participants, was too trivial to amount to a Sixth Amendment violation); see also United States v. Perry, 479 F.3d 885, 887-88, 890-91 (D.C.Cir.2007) (finding closure trivial where the court excluded only the defendant's eight-year-old son based on the court's belief that viewing the trial was inappropriate and that his presence was intended as an appeal to juror sympathy); United States v. Ivester, 316 F.3d 955, 959-60 (…
discussed Cited as authority (rule) United States v. Gupta
2d Cir. · 2011 · confidence medium
See, e.g., United States v. Perry, 479 F.3d 885, 890 (D.C.Cir.2007) (applying Peterson’s “triviality standard”); United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir.2003) (applying the “widely-accepted Peterson test”); Braun v. Powell, 227 F.3d 908, 918-19 (7th Cir.2000) (adopting Peterson’s “triviality standard”); see also United States v. Greene, 431 Fed.Appx. 191, 195 (3d Cir.2011) (holding that Peterson’s “triviality analysis” remains valid after Presley).
discussed Cited as authority (rule) United States v. Withers
9th Cir. · 2011 · confidence medium
See Waller, 467 U.S. at 48 , 104 S.Ct. 2210 ; United States v. Ivester, 316 F.3d 955, 959 (9th Cir.2003) (holding that trivial closures do not violate the Sixth Amendment); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992) (holding that partial closures are subject to less stringent requirements).
discussed Cited as authority (rule) United States v. Waters (2×)
9th Cir. · 2010 · confidence medium
We have previously stated that the public-trial right attaches to those hearings whose subject matter "involve[s] the values that the right to a public trial serves." United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003).
discussed Cited as authority (rule) United States v. Briana Waters (2×)
9th Cir. · 2010 · confidence medium
We have previously stated that the public-trial right attaches to those hearings whose subject matter “involve[s] the values that the right to a public trial serves.” United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003).
discussed Cited as authority (rule) United States v. Waters (2×)
9th Cir. · 2010 · confidence medium
We have previously stated that the public-trial right attaches to those hearings whose subject matter "involve[s] the values that the right to a public trial serves." United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003).
discussed Cited as authority (rule) United States v. Francis Lii
9th Cir. · 2010 · confidence medium
As to Lii’s right to a public trial, the very brief closure addressed an issue that had nothing to do with the substance of the charges against him and implicates none of the values articulated in United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir. 2003).
discussed Cited as authority (rule) United States v. Withers (2×)
9th Cir. · 2010 · confidence medium
See Waller, 467 U.S. at 48 , 104 S.Ct. 2210 ; United States v. Ivester, 316 F.3d 955, 959 (9th Cir.2003) (holding that trivial closures do not violate the Sixth Amendment); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992) (holding that partial closures are subject to less stringent requirements).
discussed Cited as authority (rule) United States v. Withers
9th Cir. · 2010 · confidence medium
See Waller, 467 U.S. at 48 , 104 S.Ct. 2210 ; United States v. Ivester, 316 F.3d 955, 959 (9th Cir.2003) (holding that trivial closures do not violate the Sixth Amendment); United States v. Sherlock, 962 F.2d 1349, 1357 (9th Cir.1992) (holding that partial closures are subject to less stringent requirements).
discussed Cited as authority (rule) State v. LORMOR (2×)
Wash. Ct. App. · 2010 · confidence medium
United States v. Ivester, 316 F.3d 955, 958 (9th Cir.2003) ("Before applying the Waller test to determine whether the district court violated [the defendant's] Sixth Amendment right to a public trial, we must first determine whether the right attaches. ...") (citation omitted).
discussed Cited as authority (rule) State v. Lormor (2×)
Wash. Ct. App. · 2010 · confidence medium
United States v. Ivester, 316 F.3d 955, 958 (9th Cir.2003) (“Before applying the Waller test to determine whether the district court violated [the defendant’s] Sixth Amendment right to a public trial, we must first determine whether the right attaches . . . .”) (citation omitted).
discussed Cited as authority (rule) State v. Venable
N.J. Super. Ct. App. Div. · 2010 · confidence medium
See, e.g., Gibbons, supra, 555 F. 3d at 119-21 ; United States v. Perry, *747 479 F. 3d 885, 889-91 (D.C.Cir.2007); Carson v. Fischer, 421 F. 3d 83, 92-94 (2d Cir.2005); United States v. Ivester, 316 F. 3d 955, 958-60 (9th Cir.2003); Braun v. Powell, 227 F. 3d 908, 917-20 (7th Cir. 2000), cert. denied, 531 U.S. 1182 , 121 S.Ct. 1164 , 148 L.Ed. 2d 1023 (2001); United States v. Al Smadi, 15 F. 3d 153, 154-55 (10th Cir.1994); Peterson v. Williams, 85 F. 3d 39, 42-44 (2d Cir.), cert. denied, 519 U.S. 878 , 117 S.Ct. 202 , 136 L.Ed. 2d 138 (1996); State v. Ndina, 315 Wis. 2d 653 , 761 N.W. 2d 612,…
examined Cited as authority (rule) State v. Ndina (6×) also: Cited "see, e.g."
Wis. · 2009 · confidence medium
Cir. 2007) (holding that the closure did not implicate the Sixth Amendment right to a public trial; not reaching the second step in the analysis); Carson v. Fischer, 421 F.3d 83 (2d Cir. 2005) (same); United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir. 2003) (same); Braun v. Powell, 227 F.3d 908, 917-20 (7th Cir. 2000) (same); Peterson v. Williams, 85 F.3d 39 (2d Cir. 1996) (determining that the unjustified closure did not implicate the Sixth Amendment right to a public trial).
discussed Cited as authority (rule) State v. Vanness (2×) also: Cited "see, e.g."
Wis. Ct. App. · 2007 · confidence medium
Walton v. Briley, 361 F.3d 431, 433 (7th Cir. 2004); see also Press-Enterprise Co. v. Superior Court, 464 U.S. 501 (1984). 4 Those values are: "(1) to ensure a fair trial, (2) to remind the prosecutor and judge of their responsibility to the'accused and the importance of their functions, (3) to encourage wit *698 nesses to come forward, and (4) to discourage perjury." United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003).
discussed Cited as authority (rule) United States v. Perry, Antoine (2×)
D.C. Cir. · 2007 · confidence medium
United States v. Ivester, 316 F.3d 955, 958 (9th Cir.2003) (“Before applying the Wal *890 ler test to determine whether the district court violated [the defendant’s] Sixth Amendment right to a public trial, we must first determine whether the right attaches (citation omitted).
discussed Cited as authority (rule) State v. Swanson (2×) also: Cited "see"
Haw. App. · 2006 · confidence medium
We conclude, finally, that Defendant’s constitutional rights to a public trial were not implicated when the jury returned its verdict after normal business hours, when the courthouse was closed to the public, because the closure “was too trivial to implicate the [constitutional] guarantee[s.]” United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003). 8 We are loath to deploy the Waller/Ortiz “automatic reversal” artillery where the profound policies to be protected did not need protection.
discussed Cited as authority (rule) State v. Easterling (2×)
Wash. · 2006 · confidence medium
United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003); see also Braun v. Powell, 227 F.3d 908, 918 (7th Cir. 2000) (“there are certain instances in which the exclusion [of persons from the courtroom] cannot be characterized properly as implicating the constitutional guarantee”); Carson v. Fischer, 421 F.3d 83, 92 (2d Cir. 2005) (“[e]ven an unjustified closure may, in some circumstances, be so trivial as not to implicate the right to a public trial”); People v. Webb, 267 Ill.
discussed Cited as authority (rule) State v. Easterling (2×)
Wash. · 2006 · confidence medium
United States v. Ivester, 316 F.3d 955, 960 (9th Cir.2003); see also Braun v. Powell, 227 F.3d 908, 918 (7th Cir.2000) ("there are certain instances in which the exclusion [of persons from the courtroom] cannot be *833 characterized properly as implicating the constitutional guarantee"); Carson v. Fischer, 421 F.3d 83, 92 (2d Cir.2005) ("[e]ven an unjustified closure may, in some circumstances, be so trivial as not to implicate the right to a public trial"); People v. Webb, 267 Ill.App.3d 954, 959 , 205 Ill.Dec. 6 , 642 N.E.2d 871 (1994) ("the defendant's right to a public trial was not violat…
discussed Cited as authority (rule) In Re Orange
Wash. · 2005 · confidence medium
See Peterson v. Williams, 85 F.3d 39 (2d Cir.1996) (brief, inadvertent continuation of proper closure too trivial to violate Sixth Amendment); Snyder v. Coiner, 510 F.2d 224, 230 (4th Cir.1975) (bailiff's refusal to allow persons to enter or leave the courtroom for a time during closing arguments too trivial to amount to a constitutional violation); United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir.2003) (exclusion of public during mid-trial questioning of jurors about safety concerns was so trivial as not to implicate Sixth Amendment right to a public trial); United States v. Al-Smadi, …
discussed Cited as authority (rule) In re the Personal Restraint of Orange
Wash. · 2004 · confidence medium
See Peterson v. Williams, 85 F.3d 39 (2d Cir. 1996) (brief, inadvertent continuation of proper closure too trivial to violate Sixth Amendment); Snyder v. Coiner, 510 F.2d 224, 230 (4th Cir. 1975) (bailiff’s refusal to allow persons to enter or leave the courtroom for a time during closing arguments too trivial to amount to a constitutional violation); United States v. Ivester, 316 F.3d 955, 959-60 (9th Cir. 2003) (exclusion of public during midtrial questioning of jurors about safety concerns was so trivial as not to implicate Sixth Amendment right to a public trial); United States v. Al-Sma…
discussed Cited as authority (rule) United States v. Shryock (2×)
9th Cir. · 2003 · confidence medium
United States v. Ivester, 316 F.3d 955, 958 (9th Cir.2003).
discussed Cited "see" PATTON v. United States
W.D. Pa. · 2025 · signal: see · confidence high
Cir. 2007) “A courtroom closing is trivial if it does not implicate the values served by the Sixth Amendment as set forth in Waller.”) (internal quotation marks and citations omitted); see United States v. Ivester, 316 F.3d 955, 960 (9th Cir. 2003); Braun v. Powell, 227 F.3d 908, 918-20 (7th Cir. 2000).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Craig IVESTER, Defendant-Appellant
01-10260.
Court of Appeals for the Ninth Circuit.
Jan 15, 2003.
316 F.3d 955
2003 Cal. Daily Op. Serv. 444
2003 U.S. App. LEXIS 532
2003 WL 120274
Samuel P. King, Honolulu, HI, for Defendant-Appellant., Louis A. Braceo, Assistant United States Attorney, Honolulu, HI, for Plaintiff-Ap-pellee.
Wallace, Tashima, Tallman.
Cited by 77 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: North Dakota Supreme Court (1)
WALLACE, Senior Circuit Judge.

Ivester appeals from his conviction and sentence for conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1), and aiding and abetting another’s possession of ten pounds of the drug for distribution in violation of 21 U.S.C. § 841(a)(1). He was sentenced to twenty-five years in prison, five years of supervised release, and fined $25,000. The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm.

I.

Ivester raises a number of issues on appeal. In this opinion, we deal only with his argument regarding the district court’s handling of a security problem raised by jurors during the trial. We address his other arguments in a companion unpublished disposition.

At the close of the second day of trial, the district judge notified the parties that some jurors had expressed concern for their safety to court staff. The court learned that alternate juror Kenny told jury pool clerk Young that he and a few of the other jurors felt concerned for their safety because of the intimidating appearance of some of the spectators in the courtroom. Young told Kenny to talk with court clerk Fujinaga. Mistakenly assuming that alternate juror Berman had expressed the concern, Fujinaga approached Berman about it while he was with another juror. Berman told her that he had not contacted Young but that he too felt afraid or intimidated “because there were several large people in the audience.”

After hearing from Young and Fujinaga, the court discussed the issue with counsel in open court with the jury absent. After[*958] the issue was fully discussed, the court decided to question Kenny in the courtroom but in the absence of the rest of the jurors. The government suggested the questioning be in chambers or the spectators be asked to leave. Over Ivester’s objection, the spectators were directed to leave.

With the parties and counsel present, the judge questioned Kenny. Kenny responded that two jurors had expressed concern about the “intimidating” appearance of “some of the larger members of the gallery” and had wondered “why [there was] no[] security in the courtroom.” Both parties were allowed to question Kenny. Kenny was then excused from the hearing and the court and counsel discussed how the jury should be questioned.

When the jury returned, and with the courtroom still clear of spectators, the judge questioned them as a group:

We have heard that some of you have expressed concerns about what you think is the lack of security throughout these proceedings; so I wanted to give you some information about that that you may not have realized. At no time during this trial, at no time, have there been fewer than two United States marshals in this courtroom. They don’t wear uniforms. You may not recognize them. At many times during this trial there have been many more than two United States marshals in this courtroom, who come in and out, sometimes sit in the audience. You will not recognize them. But to the extent you thought there was no security let me assure you there has been security.
Also, when you go out of this courtroom, you see uniformed court security officers. Those — some of them have also been in and out of the courtroom. And, of course, they patrol this whole federal court building. In addition, in this very federal court building is the Marshal’s Office. So we have many un-uniformed United States marshals in this very building, besides the fact that we always have them in the courtroom. Throughout this federal complex there are also other federal security officers. So to the extent that some of you had concern where’s the security, you may not know it’s there but let me assure you it is there.
Having heard that, which you may not have known before, is there any juror who still has any concerns at all that you think might affect your ability to be fair in this case, to listen to the evidence, and to reach a verdict that is impartial to both sides? Anyone? If you have a concern, I want to address it.
Are you sure? No one has any concerns?
Okay....

II.

Ivester assigns two errors to the district judge’s handling of the jurors’ security concern. He first argues that the judge’s exclusion of the public spectators from the mid-trial questioning of the jurors violated his right to a public trial, a right guaranteed by the Sixth Amendment and emphasized in Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984). We review his Sixth Amendment claim de novo. United States v. Sherlock, 962 F.2d 1349, 1356 (9th Cir.1992).

Before applying the Waller test to determine whether the district court violated Ivester’s Sixth Amendment right to a public trial, 467 U.S. at 48, 104 S.Ct. 2210, we must first determine whether the right attaches to the court’s mid-trial questions of jurors outside the public’s presence. Though some courts and treatises boldly declare that the Sixth Amendment right to[*959] a public trial applies to the entire trial, United States v. Sorrentino, 175 F.2d 721, 722 (3d Cir.1949); Wayne R. LaFave, Jerold H. Israel, Nanoy J. King, 5 Crim. Proc. § 24.1(a) (2d ed.1999) (the Sixth Amendment right to a public trial “covers the entire trial, including the impaneling of the jury and the return of the verdict”), this position has been rejected by recent decisions which demonstrate that the right to a public trial does not extend to every moment of trial. See, e.g., United States v. Edwards, 303 F.3d 606, 616 (5th Cir.2002) (“We must first determine whether Waller applies to” the court’s decision to empanel an anonymous jury); Peterson v. Williams, 85 F.3d 39, 42-43 (2d Cir.1996) (unjustified closure is too trivial to violate the Sixth Amendment where closure does not undermine the values furthered by the public trial guarantee); United States v. Norris, 780 F.2d 1207, 1210 (5th Cir.1986) (“Non-public exchanges between counsel and the court on such technical legal issues and routine administrative problems do not hinder the objectives which the Court in Waller observed were fostered by public trials”).

Thus, we must determine whether the proceedings in question implicate the Sixth Amendment. There are three parts of the record at issue: 1) discussions between the court and counsel regarding how to question the jurors, 2) the questioning of Kenny, and 3) the questioning of the jury.

A.

The first need not detain us. The discussion concerning how to handle the questioning was technical and administrative, not impacting the Sixth Amendment right to a public trial.

B.

We next turn to the court’s questioning of Kenny. Had the district court decided to question Kenny in chambers without the defendant or spectators, we would conclude that there were no constitutional violations. United States v. Olano, 62 F.3d 1180, 1190-91 (9th Cir.1995) (holding a district court’s one-on-one meeting with a juror to determine impartiality did not violate the Sixth Amendment right of confrontation and the Fifth Amendment right of due process); accord Parker v. United States, 404 F.2d 1193, 1197 (9th Cir.1968) (district court followed the proper procedure in individually interviewing each juror, with only the court reporter present, as to whether the jurors had heard, read, or seen the recently publicized guilty plea); Polizzi v. United States, 550 F.2d 1133, 1137 (9th Cir.1976) (same in alternative holding). See also United States v. Gagnon, 470 U.S. 522, 526, 105 S.Ct. 1482, 84 L.Ed.2d 486 (1985) (per curiam) (“The mere occurrence of an ex parte conversation between a trial judge and a juror does not constitute a deprivation of any constitutional right. The defense has no constitutional right to be present at every interaction between a judge and juror .... ”), quoting Rushen v. Spain, 464 U.S. 114, 125-26, 104 S.Ct. 453, 78 L.Ed.2d 267 (1983) (Stevens, J., concurring in judgment) (emphasis added). Because a trial judge may question a juror alone in chambers, without the public present, a fortiori the judge may do so with the parties and counsel present.

C.

Finally, we turn to the issue of the court’s questioning of the jury. Under Peterson, a trivial closure does not violate the Sixth Amendment. 85 F.3d at 42-43. Many of our sister circuits have relied on Peterson to determine whether a closure implicates the accused’s Sixth Amendment right to a public trial. See, e.g., Braun v. Powell, 227 F.3d 908, 919 (7th Cir.2000) (applying Peterson to hold that the exclusion of a single excused juror from , the trial did not implicate the right to a public[*960] trial); United States v. Al-Smadi, 15 F.3d 153, 154-55 (10th Cir.1994) (applying Peterson to hold that the brief and inadvertent closure of the courtroom did not implicate the Sixth Amendment). We conclude we should apply the wise and widely-accepted Peterson test in this case.

To determine whether a closure was too trivial to implicate the Sixth Amendment guarantee, we must determine whether the closure involved the values that the right to a public trial serves. These values have been articulated in Peterson and Waller as:

(1) to ensure a fair trial, (2) to remind the prosecutor and judge of their responsibility to the accused and the importance of their functions, (3) to encourage witnesses to come forward; and (4) to discourage perjury.

Peterson, 85 F.3d at 43; see also Waller, 467 U.S. at 46-47, 104 S.Ct. 2210. We hold that these four values are not implicated by routine jury administrative matters that have no bearing on Ivester’s ultimate guilt or innocence.

Here, questioning the jurors to determine whether they felt safe is an administrative jury problem. The closure here did not infect any witness’s testimony. It did not even infect counsel’s opening or closing arguments to the jurors. It did not attack the government. Compare Waller, 467 U.S. at 47, 104 S.Ct. 2210 (holding that the right to a public trial attaches to suppression hearings because such hearings resemble a bench trial and frequently attack the conduct of police and prosecutor). Additionally, the questioning of the jury was very brief in duration. This further supports our conclusion that the closure does not implicate Ivester’s right to a public trial. See Peterson, 85 F.3d at 43 (closure of twenty minutes was too trivial). Thus, we hold the district court’s exclusion of the spectators during the brief mid-trial questioning of the jurors to determine if they were concerned for their safety was so trivial as to not implicate Ivester’s Sixth Amendment rights.

III.

Second, Ivester argues that the district court abused its discretion when it did not allow his counsel to question the jurors that had been identified as having concerns. We review a district court’s decision whether and how to hold a hearing on allegations of jury bias for an abuse of discretion. Olano, 62 F.3d at 1192.

Usually, an allegation of juror bias is met with a hearing, giving the defendant an opportunity to prove actual bias. United States v. Madrid, 842 F.2d 1090, 1094 (9th Cir.1988). However, such a hearing is required only if there is a finding of a reasonable possibility of prejudice. Id. Here, the district judge, after questioning Kenny, determined that the problem was principally a perceived lack of security in the courtroom. After the district judge explained that plainclothes marshals were always in the courtroom, she asked the jurors if any of them remained concerned about their safety. They responded in the negative. The district court’s preliminary inquiry, then, revealed that there was no reasonable possibility of prejudice, see Olano, 62 F.3d at 1192, and further inquiry was not required. The district court did not abuse its discretion when it refused to allow defense counsel to question the jurors individually.

AFFIRMED