United States Ninth Circuit

In criminal proceedings arising from defendant's involvement in an organization that created, promoted, and implemented schemes to assist U.S. taxpayers in the evasion of their income tax liabilities and that also defrauded its own clients, defendant's conviction and sentence is affirmed over claims that: 1) the district court denied him a fair trial because it was biased against him and the other pro se defendants; 2) it erred in failing to address jurisdictional challenges; 3) a restitution order was invalid because it was not entered until after the applicable ninety-day statutory period; 4) ex parte entry of a restitution order violated his right to be present at a critical stage of the proceeding and his right to allocute; 5) the court erred in failing to sua sponte examine his competence to stand trial; and 6) the court erred in allowing him to proceed to trial pro se.

Appellate Information

• Argued 10/16/2007
• Decided 06/13/2008
• Published 06/13/2008

Judges

• BETTY B. FLETCHER, Circuit Judge:, Before: B. FLETCHER, C. ARLEN BEAM, and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• William C. Broberg (argued), Seattle, WA, for the defendant-appellant., Alan Hechtkopf, Gregory V. Davis (argued), Tax Division, Department of Justice, Washington, D.C., Jeffrey C. Sullivan (of counsel), United States Attorney, Seattle, WA, for the plaintiff-appellee.