093731P.pdf   12/22/2010  United States  v.  Daryl Brown
   U.S. Court of Appeals Case No:  09-3731
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Loken, Author, with Wollman and Hansen, Circuit Judges]
   Criminal case - criminal law and sentencing. Defendant failed to
   preserve his Sixth Amendment "right-to-choose counsel" argument, and
   the district court's handling of the matter did not constitute plain error;
   evidence was sufficient to support defendant's fraud convictions; the
   district court did not err in imposing a four-level enhancement under
   Guidelines Sec. 3B1.1(a) for leadership role in the offense; no error in
   imposing a two-level enhancement under Guidelines Sec. 2B1.1(b)(9)(C)
   for use of sophisticated means; the court adequately considered the
   3553(a) factors in setting sentence; district court was aware of its ability
   to grant a downward departure and its failure to do so is unreviewable;
   sentence was substantively reasonable.