Bankr. L. Rep. P 75,971 United States of America v. Vernon Robert Lindholm, Jr.

Opinion by Senior District Judge Reed

Vernon Robert Lindholm appeals from a conviction in a non-jury trial of three counts of bankruptcy fraud under 18 U.S.C. § 152 . The trial court found that appellant chose to file bankruptcy petitions instead of performing on his contractual obligations, that the appellant lacked credibility, that the appellant filed false statements with the bankruptcy court, and that the government proved its ease beyond a reasonable doubt. Appellant was sentenced to forty-one months imprisonment on November 23, 1992, under the United States Sentencing Commission, Guidelines Manual (Nov. 1992) and ordered to pay restitution totalling $51,172.00 and a special assessment of $150.00. We affirm the judgment of conviction and remand the case to the district court solely for the purpose of resentencing.

I. FACTS AND PROCEEDINGS BELOW

In 1989 and 1990 appellant entered into two separate agreements to purchase condominiums. The 1989 agreement was made with Lloyd Prell (“Prell”) and the 1990 agreement was made with Kirby Larson (“Larson”). In both cases the respective sellers of the properties ultimately filed unlawful detainer actions against appellant. In each…