United States v. Johnaton Sampson George

Johnaton Sampson George appeals his conviction and sentence following a jury trial on one count of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1). George contends that the district court erred in (1) denying his motion for mistrial following the admission of certain hearsay evidence, (2) denying his motion for a new trial on the basis of alleged juror misconduct involving the use of a magnifying glass, (3) denying George’s motion to represent himself, and (4) departing upward from the Sentencing Guidelines to sentence George to life in prison without parole. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and now affirm in part and reverse in part and remand.

PROCEEDINGS BELOW

A one-count indictment was filed on April 1,1992 charging George with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922 (g)(1) and 924(e)(1). A superseding indictment was filed on August 5, 1992. A second superseding indictment was filed on October 15, 1993, charging George with two counts of being a felon in possession of a firearm and one count of escape, in violation of 18 U.S.C. § 751 (a). The first felon in possession count was tried to a…