DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073878P.pdf 08/27/2009 United States v. Frederick Keiser, Jr.
U.S. Court of Appeals Case No: 07-3878
and No: 08-3800
District of North Dakota - Fargo
[PUBLISHED] [Smith, Author, with Shepherd, Circuit Judge, and
Steven N. Limbaugh, Jr., District Judge]
Criminal case - criminal law and sentencing. District court did not
abuse its discretion in denying defendant's request to continue his
sentencing as his attorney had sufficient time to prepare and his conduct
reflected adequate preparation; district court did not err in finding
defendant had waived his right to counsel at trial; defendant did not have
an absolute right to standby counsel, and the court's failure to inform him
of such a right did not invalidate his waiver of counsel; district court did
not abuse its discretion by admitting expert testimony about the fiduciary
duties of commodity brokers, as the evidence was relevant and probative;
no error in imposing enhancements under Guidelines Sec. 2B1.1(b)(1)(J)
for amount of loss, Guidelines Sec. 3B1.3 for use of a special skill or
Guidelines Sec. 3B1.1(c) for role in the offense.