United States v. Lino Catabran

Good Law
836 F.2d 453·1988 WL 171·24 Fed. R. Serv. 459·1988 U.S. App. LEXIS 66
United States Court of Appeals for the Ninth CircuitJanuary 6, 198886-1134California3,655 words

Opinion

Opinion

Pregerson, J.

The district court found defendant Lino Catabran guilty of concealing assets during a bankruptcy proceeding and destroying or concealing records of a bankrupt corporation in violation of 18 U.S.C. § 152 . Cata-bran was sentenced to serve eighteen months on one count (destruction of records) and was placed on probation for five years on the other count. He contends that the district court erred in admitting general ledger computer printouts against him, in allowing testimony regarding removal of carpeting from the store, and in denying defendant’s motions for severance and mistrial. Catabran also contends that he was denied effective assistance of counsel. We hold that the district court ruled properly on these motions and that Cata-bran was not denied effective assistance of counsel. We therefore affirm.

BACKGROUND

Defendant Catabran served as president of Bedder Nights, Inc., a corporation owning three waterbed stores in the Sacramento area. Co-defendant Jack Emmets served as vice-president. Each owned fifty percent of the corporation’s stock. They opened the first store (the “Bradshaw” store) in 1980, the second (the “Sunrise” store) in early 1982, and, the third (the…

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