Avila

United States v. Avila

Good Law
304 F. App'x 494
United States Court of Appeals for the Ninth CircuitDecember 4, 2008No. 06-10590California464 words

Opinion

lead Opinion

MEMORANDUM **

Avila appeals his 63-month sentence for conspiracy to defraud the United States, 18 U.S.C. § 371 , and aiding and abetting attempted tax evasion, 26 U.S.C. § 7201 & 18 U.S.C. § 2 . Although he was tried and convicted along with Sigerseth, Avila was *496 sentenced separately and their appeals are currently unconsolidated. 1

The district court’s finding that Avila made his Faretta motion for the purpose of delay was not clearly erroneous, and the district court therefore properly denied the motion. See United States v. George, 56 F.3d 1078, 1084 (9th Cir.1995). The record does not support Avila’s argument that the district court prejudged his Faretta motion and denied him the opportunity to make a full record regarding his purpose for bringing the motion.

Avila challenges his sentence on several grounds. For all of them, we review the district court’s decision for plain error because Avila did not object on any of these grounds at his sentencing hearing. See Fed.R.Crim.P. 52(b); United States v. Rendon-Duarte, 490 F.3d 1142, 1146 (9th Cir.2007). Sigerseth’s objection several months later at a separate sentencing hearing did not preserve Avila’s challenge to the…

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