Seventh Circuit: USA v. Joseph Banks

FRCrimP, Sixth Amendment, Sentencing


No error in allowing pro se deft to continue representation after remaining silent at critical junctures, since the silence was a knowing and voluntary attempt to maintain a sovereign citizen defense.

No error in altering sentence during imposition to match announced within-guidelines total.

USA v.   Joseph Banks

Seventh Circuit: Rashaad Imani v. William Pollard

Sixth Amendment, Habeas, AEDPA

In colloquy with a deft who has requested to proceed without counsel, the duty of inquiry rests with the judge, and cannot be converted to an affirmative burden on the deft to prove capacity.

Where an articulate deft is without illness or impairment,deft is likely outside of the narrow range of cases precluded from self-representation.

Denial of request made weeks before trial on scheduling grounds is constitutional error.


Rashaad Imani v. William Pollard