United States v. Johnson

MEMORANDUM **

This is an appeal from a conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). The Appellant, David Christopher Johnson, proceeded pro se with standby counsel at trial. The main question on appeal is whether Johnson was adequately advised of the penalty and nature of the charges so as to make his waiver of counsel knowing and intelligent. See Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975); United States v. Erskine, 355 F.3d 1161 (9th Cir.2004).

The Appellant at the time of this trial had already dismissed three different counsel. He was apparently unwilling to *725 proceed to trial with any of the appointed counsel because all had rejected the defenses he wished to offer.

In this appeal, Johnson accurately points out that the district court did not, at the time of his Faretta hearings, expressly spell out the nature of the charges, the penalty, and the consequences of proceeding pro se. Had the court done so, there would be no need for us to search the record in order to determine whether the Appellant’s conduct and the record as a whole establish that he was sufficiently aware of the situation…