United States v. Edwin Houtchens

Houtchens appeals from his conviction of violating 18 U.S.C. § 1343 and 18 U.S.C. § 2314 . Houtchens contends that the district judge erred by trying him in absentia, that he was denied effective assistance of counsel, and that the district judge failed to make required findings at sentencing. The district court had jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.

I

On May 7, 1986, Houtchens and Tucker were indicted for mail and wire fraud for their solicitation of investments in a phony oil drilling venture. When Houtchens appeared and pleaded not guilty, he was allowed bail and ordered to be tried with co-defendant Tucker on November 4. Houtchens did not appear on the trial date and, at Tucker’s request, the district court continued the trial until November 25.

Houtchens appeared voluntarily on November 17. The district judge denied the government’s motion to remand Houtchens to custody, and ordered him to appear for trial on November 25. Houtchens again failed to appear as ordered. The district judge revoked Houtchens’s bail, issued a bench warrant for his arrest, and continued the trial until…