United States v. James Douglas Alexander

James Douglas Alexander appeals from the judgment of conviction, following a trial by a jury, of five counts of interstate communication of threats to injure others, in violation of 18 U.S.C. § 875 (c). He seeks reversal on the ground that his indictment and conviction were obtained in violation of his Sixth Amendment right to counsel and the attorney-client privilege. He furfher contends that he was prejudiced by certain evidentiary rulings.

Alexander also maintains that the district court erred in calculating his sentence. We affirm the judgment of conviction because we conclude that the district court did not err in ordering Alexander’s former counsel to present evidence of threats of bodily harm made by Alexander during attorney-client communications regarding pending criminal proceedings. We also uphold the district court’s sentencing decision.

I

In 1992, Alexander was a member of the State Bar of Montana. In that year, the Federal Bureau of Investigation and the State Bar of Montana began investigations regarding alleged fraudulent representations made by Alexander to induce persons to pay him a retainer for his services in arranging the adoption of orphans from the…