United States v. Danny Fabricant

MEMORANDUM

The government’s January 28, 2013 motion for miscellaneous relief is granted. This court’s memorandum disposition dated January 23, 2013 is hereby withdrawn.

Defendant Daniel Joseph Fabricant appeals his convictions for distribution of methamphetamine, conspiracy to distribute methamphetamine, and possession with intent to distribute methamphetamine. Fabricant appeals his statutory mandatory minimum sentence of life without parole pursuant to 21 U.S.C. § 841 (b)(l)(B)(viii) (No. 09-50657). Finally, Fabricant appeals the denial of two motions in the district court: a motion for return of property (No. 10-50032), and a motion for a protective order to preserve evidence (No. 12-50065). We have jurisdiction pursuant to 18 U.S.C. § 1291 . We remand No. 10-50032 and otherwise affirm.

I. Trial and Sentencing Claims, 09-50657

a. Valid waiver of right to counsel

Fabricant represented himself at various stages through his first and second trial, sometimes with appointed advisory counsel or co-counsel. He argues in part that his waiver of counsel was not valid under Far-etta because it was not knowing, voluntary, and intelligent. See Faretta v. California, 422 U.S. 806, 807 ,…