United States v. Smith

MEMORANDUM *

Earnee Windell Smith appeals his conviction and sentence for two counts of bank robbery under 18 U.S.C. § 2113 . We affirm. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . Because the facts are familiar to the parties, we do not recite them here.

*572 We conclude that the district court did not abuse its discretion by failing to raise sua sponte the issue of Smith’s competence to stand trial. Smith’s motions before the court, although unusual, did not necessitate an examination of his competency.

The district court correctly determined that Smith knowingly and intelligently waived his right to counsel for pretrial and sentencing proceedings. 2 Smith appropriately responded to questions posed by the district court at two Faretta hearings, demonstrating a sufficient awareness of “the three elements of self-representation: (1) the nature of the charges against him; (2) the possible penalties; and (3) the dangers and disadvantages of self-representation.” 3 Neither did the district court’s decision to allow Smith’s self-representation violate his Fifth Amendment right to a fair trial. To hold otherwise would contravene the intentions of the…