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United States v. Hansen
United States District Court, D. Utah
October 19, 2019
UNITED STATES OF AMERICA Plaintiff,
LOUIS DELYNN HANSEN, Defendant.
MEMORANDUM DECISION AND ORDER CONTINUING JURY
C. NIELSON, JR. UNITED STATES DISTRICT JUDGE.
case is presently set for trial on November 12, 2019.
Defendant, who informed the court two days ago that he wishes
to represent himself at trial, has filed a motion for a
continuance through his appointed counsel. Based on this
motion, and good cause appearing, the Court makes the
1. Defendant has been charged with attempting to evade or
defeat tax and impeding internal revenue laws. See Dkt. No.
76 (superseding indictment) (citing 26 U.S.C. § 7201; 26
U.S.C. § 7212(a)).
2. Defendant first appeared in this court on November 17,
2016, for the initial appearance on the indictment returned
in this matter. See Dkt. No. 18.
3. On July 12, 2017, a jury found the defendant guilty of
Counts 1 and 2 of the Indictment. See Dkt. No. 130.
4. On September 4, 2019, the Tenth Circuit Court of Appeals
vacated the jury verdict and ordered this court to conduct
further proceedings consistent with its opinion. See United
States v. Hansen, 929 F.3d 1238 (10th Cir. 2019).
5. Magistrate Judge Pead held a status conference on October
8, 2019, and scheduled a 5-day jury trial to begin on
November 12, 2019 at 10:00am. See Dkt. Nos. 199, 200.
Magistrate Judge Pead appointed counsel to assist Defendant
at trial. See Dkt. No. 199. Defendant objected to setting a
trial date and to the appointment of trial. See Id.
Magistrate Judge Pead noted the objections for the record,
advised Defendant that he was welcome to file any related
motions with the court that he felt appropriate, and set a
motion deadline of October 18, 2019. See id.
6. On October 17, Defendant informed the court, through his
appointed counsel, that he wishes to defend himself at trial.
7. On October 18, Defendant requested, through his appointed
counsel, a continuance of “not less than ninety
days.” Dkt. No. 205 at 1.
8. Defendant and his appointed counsel agree upon the need
for a continuance of the trial and that the defense will not
be hindered or prejudiced by the delay. Defendant represents
that if the court permits him to proceed to trial pro se, he
will need additional time to prepare for trial beyond the
three and a half weeks presently remaining. Alternatively, if
the court does not permit Defendant to proceed to trial pro
se, counsel will need additional time to prepare for trial.
9. Counsel for government stipulates to the continuance. See
Dkt. No. 205 at 2.
10. Defendant is not in custody. There are no co-defendants.
11. This is the first request to continue trial since the
Tenth Circuit vacated the 2017 conviction.
12. The Speedy Trial Act requires that “the trial shall
not commence less than thirty days from the date on which the
defendant … expressly waives counsel and elects to
proceed pro se.” 18 U.S.C. § 3161(c)(2). While
defendant appeared pro se at his now-vacated 2017 trial, he
formally indicated his desire to appear pro se at this
upcoming trial on October 17, 2019-only twenty-six days
before the current trial date-and the court has not yet held
a Faretta hearing to determine whether Defendant will be
allowed to defend himself at trial. While a recent
unpublished Tenth Circuit opinion suggests that “§
3161(c)(2) does not purport to limit a district court's
discretion to schedule a retrial after remand whenever the
court so chooses, ” that opinion restates that
“[a] criminal defendant can always request a
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