United States v. Rice

Defendant appealed his conviction and sentence for conspiracy to commit money laundering and money laundering, as well as failure to appear. The court concluded that, although the district court should have acted more promptly in granting defendant's request to appear pro se, defendant's Sixth Amendment rights were not violated at the March 6, 2009 initial appearance and arraignment. The court found no Sixth Amendment violation in the record as a whole where the district court's actions during the July 28 initial appearance and arraignment on the failure-to-appear charges ensured that there was no constitutional violation. When the court granted defendant's request to proceed pro se, he was given more time to prepare for trial than if his motion had been granted at the original March 6 initial appearance and arraignment. Further, the court found no violation of defendant's statutory right to a speedy trial where his trial began 54 non-excludable days after his January 12, 2012 appearance, well within the 70-day statutory limit. In this case, the government concedes that the sentence, restitution, and forfeiture imposed by the district court were based on a loss amount that included money laundered before defendant joined the conspiracy. Therefore, the court remanded for resentencing and recalculation of restitution and forfeiture. The court affirmed the conviction. View "United States v. Rice" on Justia Law