United States Ninth Circuit

Defendant's sentence for mail fraud, theft of government property, aggravated identity theft, and tax evasion is affirmed where: 1) while a district court may not reduce the sentence of a predicate felony to compensate for the mandatory two-year consecutive term, it may exercise its discretion to reduce a sentence for a non-predicate felony; and 2) the district court did not plainly err in considering its discretion to reduce the sentences for the non-predicate felonies; and 3) defendant failed to present any evidence that he did not make a knowing and intentional waiver of his right to counsel or that his conviction otherwise was unconstitutional.

Appellate Information

• Decided 08/10/2010
• Published 08/10/2010

Judges

• Jeremy Fogel

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Benjamin L. Coleman, George S. Cardona