Background
Lorin Kal Buckner operated a fraud scheme from 2013 to 2019, instructing distressed homeowners to make partial payments to him while falsely promising to negotiate mortgage reductions. He filed fraudulent bankruptcy petitions to delay foreclosures and perjured himself on those filings. After being indicted, Buckner waived his right to counsel and represented himself, subsequently engaging in a two-track defense strategy that mixed legal arguments with sovereign-citizen rhetoric. He was convicted on two counts of conspiracy and sentenced to 120 months of imprisonment.
The court’s reasoning
The court held that Buckner’s waiver of counsel was knowing and voluntary, noting that no degree of legal knowledge is required to exercise the right to self-representation. The court found that Buckner’s sovereign-citizen filings did not demonstrate a lack of understanding of the proceedings or a need for a competency evaluation, as he had a rational understanding of the criminal nature of the case. Regarding sentencing, the court found no plain error in the application of enhancements for fraud during a bankruptcy proceeding and for acting as an organizer. Finally, the court dismissed the contempt challenge for lack of jurisdiction because the notice of appeal did not designate the contempt order.
What it means going forward
The decision reinforces that defendants cannot use sovereign-citizen tactics to claim reversible error regarding self-representation or competency, and clarifies strict notice requirements for appealing contempt orders.