Ensign

United States v. Ensign

Good Law
491 F.3d 1109·2007 WL 1932813
United States Court of Appeals for the Ninth CircuitJuly 5, 200706-10447, 06-10457California4,813 words

Opinion

Opinion

Callahan, J.

Patricia Ann Ensign appeals from her conviction on four counts of willful failure to file tax returns, and Oscar Stilley seeks review of the district court’s refusal to allow him to proceed pro hac vice as Ensign’s attorney. We determine that the district court acted within its discretion in declining to allow Stilley to represent Ensign pro hac vice and that Stilley lacks standing to appeal the district court’s orders.

I.

Ensign, along with eight other individuals, was charged in a 27-count indictment with one count of conspiring to defraud the government for the purposes of impeding and impairing the Internal Revenue Service (“IRS”) in violation of 18 U.S.C. § 371 , and a number of counts of willful failure to file tax returns. Ensign and four co-defendants were eventually tried before a jury. Ensign was acquitted on the conspiracy charge, but convicted on four counts of willful failure to file tax returns. Following her conviction, Ensign filed a timely notice of appeal claiming inter alia that her Sixth Amendment right to counsel of her choice was violated by the district court’s orders declining to allow Stilley to represent her. In addition, Stilley filed a notice of…

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