United States v. Brian Hutchison
Opinion
Opinion
Tang, J.
Brian Hutchison, a citizen of Great Britain, obtained a $520,000 loan to refinance a home mortgage. After Hutchison failed to make any payments, Great American First Savings Bank (the Bank) foreclosed on the home. An indictment was issued for bank fraud, in violation of 18 U.S.C. § 1344 , and false and fraudulent representations made to the Bank in connection with the loan in violation of 18 U.S.C. § 1014 . Superseding indictments also charged Hutchison with false statements to the Internal Revenue Service (IRS) regarding an unrelated real estate transaction, in violation of 18 U.S.C. § 1001 and 26 U.S.C. § 7206 (2). Hutchison appeals his conviction for the above violations, and the resulting sentence.
I. Speedy Trial
Upon motion of the Government, the district court continued the trial to allow the Government to take the deposition of the Bank of England, which had refused to send a representative to testify at trial. Hutchi-son claims that he was denied his right to a speedy trial, in violation of the Speedy Trial Act, 18 U.S.C. § 3161 , et seq., FediLCrim.P. 48(b), and the Sixth Amendment.