United States v. Calvin Lyniol Robinson

Defendant-appellant Calvin Lyniol Robinson appeals his conviction for conspiracy to import marijuana and hashish and related offenses, claiming various constitutional violations in connection with the conduct of his trial.

The charges of which Robinson was convicted were based upon the government’s seizure of forty-three tons of hashish and thirteen tons of marijuana found welded inside the hull of a barge captained by Robinson. As the jury was being selected for his trial, Robinson made an election to proceed pro se. The district court found that Robinson’s waiver was knowing, voluntary, and intelligent and dismissed defense counsel. Robinson represented him self throughout the trial and was convicted on all counts.

I. Validity of Robinson’s Waiver

Whether Robinson’s waiver of his right to counsel was made knowingly, intelligently, and voluntarily is a mixed question of law and fact which we review de novo. Harding v. Lewis, 834 F.2d 853, 857 (9th Cir.1987), cert. denied, 488 U.S. 871 ; 109 S.Ct. 182 , 102 L.Ed.2d 151 (1988).

The Supreme Court has held that under the sixth amendment a criminal defendant has the right to waive his right to counsel and represent himself,…