Background
Lorin Kal Buckner operated a fraud scheme from 2013 to 2019, instructing distressed homeowners to make partial payments to him instead of their mortgage companies while falsely promising to negotiate debt reductions. He filed skeletal bankruptcy petitions without intent to seek relief and perjured himself on those filings. Buckner was indicted in 2019, and after a Faretta hearing in 2020, he elected to represent himself. During the trial and sentencing, he advanced sovereign-citizen arguments, claiming the court lacked jurisdiction and attempting to settle the case as a commercial dispute. He was convicted on two counts of conspiracy and sentenced to 120 months in prison.
The court’s reasoning
The court held that Buckner’s waiver of counsel was knowing and voluntary because the district court followed the required model inquiry and Buckner understood the dangers of self-representation. The court found that espousing fringe legal theories does not demonstrate a lack of understanding of the proceedings. Regarding competency, the court ruled that Buckner’s idiosyncratic behavior did not constitute a breakdown in cognitive ability sufficient to require a competency evaluation. The court also affirmed the sentencing enhancements for fraud during a bankruptcy proceeding and for being 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 or self-representation errors to overturn convictions and clarifies that appellate jurisdiction requires a specific designation of contempt orders in the notice of appeal.