United States v. Dewayne F. Titus

Titus appeals from his judgment of conviction in a trial to the court on five counts of tax fraud under 26 U.S.C. §§ 7201 , 7206(1). We affirm.

Appellant’s contention that the district court denied his sixth amendment right to counsel is spurious. It is clear from a reading of the record that what Titus sought was to represent himself, and also to have an attorney-advisor appointed at government expense. Yet he was adamant in his refusal to fill out and sign the financial affidavit (in support of request for attorney, expert or other court services without payment of fee), Form CJA 23, to establish his indigency. See United States v. Ellsworth, 547 F.2d 1096, 1097-98 (9th Cir. 1976), cert. denied, 431 U.S. 931 , 97 S.Ct. 2636 , 53 L.Ed.2d 247 (1977).

The district court demonstrated remarkable patience in dealing with Titus who claimed he was better able to handle the trial than could any attorney. The court explained several times the necessity for Form CJA 23 to be executed, and that the information contained in it could not be used against Titus in any civil or criminal case, but that false statements therein could expose him to a perjury charge. After extended colloquies with…