United States Ninth Circuit

Conviction and sentence of defendant for fourteen counts of attempting to file false liens and encumbrances against real or personal property in violation of 18 U.S.C. section 1521 is affirmed, where: 1) the prohibition in section 1521 is triggered by the filing, attempting to file, or conspiring to file a false or fictitious lien, without regard to the validity or existence of the collateral identified in the document; 2) the district court did not commit plain error in failing to hold a competency hearing sua sponte before allowing the defendant to represent himself at all stages of the proceedings; and 3) the district court did not commit plain error in applying a two-level enhancement pursuant to U.S.S.G. section 2A6.1(b)(2)(B) for multiple liens against multiple victims, and because the section 2A6.1(b)(2)(B) enhancement and U.S.S.G. section 3D1.4 (the grouping guideline) serve district purposes, the Sentencing Commission authorized and intended the cumulative application of both provisions.

Appellate Information

• Decided 01/12/2015
• Published 01/12/2015

Judges

• Smith

Court

• United States Ninth Circuit

Counsel