United States v. Robinson, No. 11-1077 (8th Cir. 2011)
Annotate this CaseDefendant was convicted of conspiracy to commit bank fraud, bank bribery, making false statements to a financial institution, and wire fraud and was sentenced to 78 months' imprisonment. Defendant appealed from his convictions and sentence. The court held that the district court adequately considered defendant's right to be represented by the counsel of his choice against the court's interest in the orderly administration of justice and that the district court did not abuse its discretion in denying a continuance for defendant to retain new counsel. In light of United States v. Hildebrand, the court could not say that the district court plainly erred in considering the statements defendant made at allocution. Accordingly, the convictions and sentence were affirmed.
Court Description: Criminal case - Criminal law and sentencing. District court did not abuse its discretion by denying defendant's day-of-trial motion for a continuance to secure new counsel; a defendant's right to allocution is not violated when a district court considers a defendant's attitude, demeanor and outrageous protestation of innocence in exercising its sentencing decision.
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