United States v. Miles Julison

MEMORANDUM

Julison was convicted of multiple counts of making false claims against the government in violation of 18 U.S.C. § 287 . His appeal challenges the district court’s decision not to allow him to proceed pro se. We affirm because the district court’s factual determination that Julison’s requests to represent himself were equivocal was not clear error.

I.

Julison had filed pro se two motions prior to arraignment: a “Counterclaim, Motion to Dismiss, and Motion to Strike for Prosecutorial Misconduct” arguing that his prosecution was “vindictive ... and outrageous government conduct,” and a second Motion to Dismiss. At Julison’s arraignment, the United States Attorney informed the district court that “Mr. Juli-son was offered but declined representation ... from the Federal Public Defender’s Office,” and “intend[ed] to proceed pro se.”

The magistrate judge conducted a Far- etta hearing before taking Julison’s plea.' The magistrate judge explained to Julison that he had a right to counsel, the penalties associated with- the charges in the indictment, and that proceeding pro se en-tañed risks. Julison repeatedly attempted to interrupt the magistrate judge’s explanation in…