Wishart
United States v. Wishart
Opinion
Lead Opinion
MEMORANDUM *
Donald Wishart appeals the judgment and sentence imposed by the district court after the court found him guilty on all seven counts of an indictment relating to various tax offenses. Wishart contends that he was denied his rights to due process, a fair trial, and self-representation because of the district court’s failure to comply with the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 . We affirm the conviction but remand the sentence to the district court “for the purpose of ascertaining whether the sentence imposed would have been materially different had the district court known that the sentencing guidelines were advisory.” United States v. Ameline, 409 F.3d 1073, 1074 (9th Cir.2005) (en banc). Our review is for plain error because Wishart did not raise his ADA claim below. Fed. R.Crim.P. 52(b). “Because [Wishart] did not raise a Sixth Amendment objection below, we review the district court’s application of the Sentencing Guidelines for plain error.” United States v. Bussell, 414 F.3d 1048, 1060 (9th Cir.2005) (citation omitted).