United States v. Kenneth Leaming

MEMORANDUM

Kenneth Learning appeals his convictions and sentence for filing false liens against government officials, harboring fugitives, and being a felon in possession of a firearm. David Stephenson appeals his sentence for filing false liens. We affirm Learning’s convictions, but vacate his sentence and remand for resentencing. We affirm Stephenson’s sentence.

I. Learning’s Convictions

Learning's contention that his convictions for filing false liens must be overturned because the documents he filed were not actually liens is not supported by the record. Not only were the documents titled “hens,” Learning repeatedly indicated in phone calls and letters his belief that the documents would enable him to seize property from the named victims. Based on this evidence, a rational juror could have found beyond a reasonable doubt that Learning filed or attempted to file a “lien” or “encumbrance” under 18 U.S.C. § 1521 . See Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). We also reject Learning’s argument that the act of filing a false lien is constitutionally protected speech.

We need not address Learning’s claim that § 1521 does not protect former…