United States Ninth Circuit

A sentence for making various false statements on loan applications related offenses is affirmed with a limited remand over claims of error regarding the district judge's participation in a "sentencing council," a two point upward adjustment for violating a court order, and calculation of the loss, where defendant did not object to the claimed errors and the errors did not qualify as "plain."

Appellate Information

• Argued 11/02/2004
• Decided 05/05/2006
• Published 05/05/2006

Judges

• KLEINFELD, Circuit Judge., Before FERGUSON, TROTT, and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Brian J. Petersen (argued) and Jeffrey Schwartz, Attorneys at Law, San Francisco, CA, for Defendant-Appellant Cleburne Jr Brigham., Michael K. Atkinson (argued), United States Department of Justice, Criminal Division, Fraud Section, Washington, D.C., and Karen J. Immergut, and Allan M. Garten, Office of the United States Attorney, District of Oregon, for Plaintiff-Appellee United States of America.