United States v. John C. Winston, D.C.

Winston was convicted on multiple counts of distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1). He appeals the conviction on the grounds that the trial judge improperly failed to recuse himself and because of alleged inadequate assistance of counsel. We affirm.

I.

Winston, a chiropractor, and a co-defendant, Dr. Desmuke, a physician, were indicted for conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846 and multiple counts of distribution of a controlled substance in violation of 21 U.S.C. § 841 (a)(1). These activities were in connection with their operation of a medical clinic in Oakland, California.

At a pre-trial hearing, Dr. Desmuke was found incompetent to stand trial on the basis of reports compiled by Dr. Desmuke’s psychiatrist, who examined the doctor at the request of the court. The appellant was absent from this hearing and was not represented by counsel.

Appellant’s court-appointed attorney made no effort to discover the psychiatric reports prior to trial, and he did not inform appellant of the judge’s earlier exposure to those reports and Dr. Desmuke at the competency hearing. Appellant chose a bench trial,…