Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
UNITED STATES of America, Plaintiff-Appellee, v. Brent F. WILLIAMS; Guy Andrew Williams, Defendants-Appellants.
MEMORANDUM ***
In these consolidated appeals, Brent F. Williams and Guy Andrew Williams appeal pro se from the district court's order denying their motions under Federal Rule of Criminal Procedure 33(b)(1) seeking new trials on their criminal charges for conspiracy, wire fraud, mail fraud, and transactional money laundering.
Appellants raise several claims premised on the assumption that the Department of Justice lacked authority to bring charges against them absent a pre-indictment enforcement action by the Securities and Exchange Commission (“SEC”). Contrary to appellants’ contentions, neither the SEC “nor its staff has the authority or responsibility for instituting, conducting, settling, or otherwise disposing of criminal proceedings. That authority and responsibility are vested in the Attorney General and representatives of the Department of Justice.” 17 C.F.R. § 202.5(f). Therefore, the district court did not abuse its discretion by rejecting appellants’ subject matter jurisdiction, Brady, and prosecutorial authority claims. See United States v. Hinkson, 585 F.3d 1247, 1259 (9th Cir. 2009) (en banc).
Nor did the district court err by rejecting appellant's remaining contentions that the prosecutors lacked authority. The United States Attorneys’ Manual, on which appellants rely, “is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.” United States v. Lorenzo, 995 F.2d 1448, 1453 (9th Cir. 1993) (internal quotations omitted). And, in any event, appellants have not shown that the prosecution of their criminal charges was contrary to any protocols.
We do not consider appellants’ remaining arguments, which they failed to raise in their direct appeals and were not a basis for their motions for new trials. See United States v. Antonakeas, 255 F.3d 714, 721 (9th Cir. 2001) (declining to consider issue raised for the first time on appeal); United States v. Nagra, 147 F.3d 875, 882 (9th Cir. 1998) (declining to consider claims that have could have been raised in an earlier appeal but were not).
The motion for immediate release pending appeal is denied as moot.
AFFIRMED.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Nos. 16-10375, 16-10423
Decided: January 19, 2018
Court: United States Court of Appeals, Ninth Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)