United States v. Johnson

MEMORANDUM

Carl Edward Johnson appeals his conviction for obstruction of justice by threat *464 of death against a judicial officer in violation of 18 U.S.C. § 1503 , retaliation against a judicial officer in violation of 18 U.S.C. § 115 , and sending threatening communications in interstate or foreign commerce in violation of 18 U.S.C. § 875 (c). He argues that the district court erred by (1) denying his motion to appear pro se; and (2) concluding that his e-mail communications were not protected by the First Amendment. We have jurisdiction under 28 U.S.C. § 1291 .

Under Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), a criminal defendant has a Sixth Amendment right to self-representation if he voluntarily, unequivocally, knowingly, and intelligently waives his right to counsel. We conclude that the trial judge had adequate grounds to deny Johnson’s motion to appear pro se.

First, the record indicates the equivocal nature of Johnson’s request. At several key moments, Johnson had an opportunity to waive his right to counsel unequivocally. He failed to do so, and his responses to questions suggested that he expected to be represented or…