United States v. Eric Pondelick

MEMORANDUM

Defendant-Appellant Eric Miller Pondelick (“Pondelick”) appeals his jury conviction for second-degree burglary in Indian country in violation of 18 U.S.C. §§ 13 and 1153, and Revised Code of Washington §§ 9A.52.030 and 9A.20.021. We affirm.

Reviewing for plain error, we conclude that Pondelick was not denied his Fifth and Sixth Amendment rights during trial as a result of the pain he experienced due to an abscessed tooth and an ensuing infection. After the government rested its case, Pondelick informed the district court of his medical condition but he neither indicated that he was unable to proceed with trial nor requested a recess. The following morning, the district court raised the potential availability of a dentist. Pondelick affirmatively declined to seek treatment and opted to proceed with the trial. When Pondelick finally requested a delay in the proceedings, the district court granted his request. Moreover, the district court engaged in a lengthy colloquy with Pondelick regarding his right to testify. At the end of the exchange, Pondelick acknowledged that he had discussed with his counsel the issue of whether to testify, and he subsequently informed the…