United States v. Leroy Roosevelt Mack

Leroy Roosevelt Mack appeals his conviction and sentence for distribution of cocaine base after a trial in which he represented himself. See 21 U.S.C. § 841 (a)(1). Mack asserts that the district court erred when it truncated the trial proceeding by excluding him from the courtroom and then denying him the right to call witnesses and the right to present closing argument. We agree and reverse.

BACKGROUND

Mack was indicted in March of 2000 for distribution of cocaine base. After successfully obtaining the removal of three attorneys in succession, Mack, at his own behest, was allowed to represent himself. Asked if he wished to have standby counsel, Mack refused unless he could have appointed counsel of his choice — a person who was not on the court’s standard appointment list. Thus, standby counsel was not appointed. As matters developed, that was regrettable.

Mack’s behavior at his long delayed trial, which finally commenced January 28, 2002, was obstreperous, contemptuous, and demonstrative of his unwillingness or inability to abide by directions from the district court. As the relatively short trial went forward, he became worse rather than better. On the third day, he started…