Stephenson

United States v. Stephenson

Good Law
244 F. App'x 166
United States Court of Appeals for the Ninth CircuitAugust 9, 2007No. 06-30299California510 words

Opinion

Lead Opinion

MEMORANDUM *

David Carroll Stephenson appeals his conviction for one count of conspiracy to defraud the government under 18 U.S.C. § 371 and three counts of willful failure to file tax returns under 26 U.S.C. § 7203 . These charges were based in part on Stephenson’s business of selling trust packages to help clients conceal their assets from the IRS. Because the parties are familiar with the facts and prior proceedings, we do not recite them here. We affirm.

The district court was within its discretion to delegate the arraignment to a magistrate judge over Stephenson’s objection. The magistrate may hear “any pretrial matter” with eight exceptions listed in 28 U.S.C. § 636 (b)(1)(A), and Congress considered post-indictment arraignments to be a “pretrial matter” within this definition. See Gomez v. United States, 490 U.S. 858 , 869 n. 16, 109 S.Ct. 2237 , 104 L.Ed.2d 923 (1989) (citing H.R. Rep. No. 94-1609, 1976 U.S.C.C.A.N. 6162); see also Peretz v. United States, 501 U.S. 923, 931 , *168 111 S.Ct. 2661 , 115 L.Ed.2d 808 (1991) (distinguishing “subsidiary matters” not requiring consent).

The district court did not abuse its discretion by denying the motions to withdraw and to…

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