United States v. Brugnara, No. 15-10509 (9th Cir. 2017)Annotate this Case
Defendant was convicted of wire fraud, mail fraud, false declaration before a court, escape, and contempt. The Ninth Circuit affirmed the convictions, holding that the district court did not abuse its discretion by denying defendant's motion for a new trial where defendant showed a lack of diligence by waiting to obtain the new evidence at issue; there was sufficient evidence to sustain defendant's mail fraud, wire fraud, and false declaration convictions; defendant was not deprived of a fair trial because prison officials disorganized his legal materials during trial when they moved him to a different location and because two jurors gave untruthful responses about their criminal history during voir dire; defendant's right to a fair trial was not violated where, under Faretta v. California, a trial court is permitted, but not required, to terminate an incorrigible pro se defendant's self-representation; the district court did not deny defendant a fair trial by allowing him to represent himself for the duration of the proceeding; and the district court did not err in denying defendant a competency hearing.