Bhatia

United States v. Bhatia

Good Law
259 F. App'x 950
United States Court of Appeals for the Ninth CircuitDecember 14, 2007No. 06-10657California437 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Lai Bhatia (Bhatia) challenges his conviction and sentence for money laundering and fraud.

1. In the absence of an adequate showing that there was privileged information, the district court did not abuse its discretion when it denied Bhatia’s motion to dismiss the indictment and to suppress evidence as a sanction for the government’s accessing of Bhatia’s computers. See United States v. Fernandez, 388 F.3d 1199, 1240 (9th Cir.2004).

2. The district court did not abuse its discretion when it denied Bhatia’s motion to continue his trial, as Bhatia did not demonstrate that the district court’s “denial was arbitrary or unreasonable.” United States v. Rivera-Guerrero, 426 F.3d 1130, 1138 (9th Cir.2005) (citation and internal quotation marks omitted).

3. We decline to review Bhatia’s ineffective assistance of counsel claim on direct appeal, because this is not “the unusual case[ ](1) where the record on appeal is sufficiently developed to permit determination of the issue, or (2) where the legal representation is so inadequate that it obviously denies a defendant his Sixth Amendment right to counsel.” United States v. Jeronimo, 398 F.3d 1149, 1156 (9th…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.