United States Eighth Circuit

Sentence and conviction of defendant on bank fraud related charges is affirmed where: 1) district court did not abuse its discretion in denying defendant's motion to continue sentencing as defendant's attorney had sufficient time to prepare for sentencing and as reflected by his conduct; 2) district court's failure to inform defendant of right to standby counsel did not negate the validity of defendant's waiver of right to counsel, as defendant had no absolute right to such; 3) district court did not abuse its discretion in admitting expert testimony regarding fiduciary duties of commodities brokers, as any unfair prejudice to defendant was slight and insufficient to outweigh its probative value; ; and 4) district court did not err in applying the sentencing enhancements under the Guidelines.

Appellate Information

• Decided 08/27/2009
• Published 08/27/2009

Judges

• SMITH, Circuit Judge., Before SMITH and SHEPHERD, Circuit Judges, and LIMBAUGH, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Christopher J. Lancaster, AFPD, argued, Scott D. McGregor, on the brief, Fargo, ND, for Appellant.


• For Appellees:
  
• Brett M. Shasky, AUSA, argued, Jennifer Klemetsrud Puhl, AUSA, on the brief, Fargo, ND, for Appellee.