U.S. v. Crawford

• Decision Date: 06 June 2007
• Docket Number: No. 06-3465.,No. 06-3464.,No. 06-3466.,06-3464.,06-3465.,06-3466.
• Parties: UNITED STATES of America, Appellee, v. Tommie Perris CRAWFORD, also known as "Baby Crip," Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

487 F.3d 1101

UNITED STATES of America, Appellee, v. Tommie Perris CRAWFORD, also known as "Baby Crip," Appellant.

No. 06-3464.

No. 06-3464.

No. 06-3465.

No. 06-3466.

United States Court of Appeals, Eighth Circuit.

Submitted: April 10, 2007.

Filed: June 6, 2007.

Dean S. Gran, argued, Minneapolis, MN, for appellant.

Joseph T. Dixon, III, Asst. U.S. Atty., argued, Minneapolis, MN (Andrew R. Winter, Asst. U.S. Atty., Minneapolis, MN, on the brief), for appellee.

Before MELLOY, BOWMAN, and GRUENDER, Circuit Judges.

MELLOY, Circuit Judge.

After his conviction on gun and drug offenses, Tommie Perris Crawford received permission from the district court¹ to proceed pro se at sentencing. On appeal, Crawford argues the district court erred in allowing him to represent himself without first obtaining a competency evaluation. Crawford also contends he did not knowingly and intelligently waive his right to counsel and therefore his Sixth Amendment right to counsel was violated. For the reasons stated below, we affirm Crawford's conviction and sentence.

I. BACKGROUND

A grand jury indicted Crawford for three felony offenses: Count 1, possession with intent to distribute 500 grams or more of cocaine, a violation of 21 U.S.C. § 841(a)(1); Count 2, possession of a firearm in furtherance of a drug trafficking crime, a violation of 18 U.S.C. § 924(c); and Count 3, possession of a firearm by a felon, a violation of 18 U.S.C. § 922(g). The government filed notice stating its intent to seek enhanced penalties on Count 1 based upon Crawford's prior felony drug conviction. See 21 U.S.C. § 851. With the sentencing enhancement, Crawford faced a mandatory minimum term of imprisonment of ten years (120 months) on Count 1. See 21 U.S.C. § 841(b)(1)(B). For Count 2, Crawford faced a consecutive mandatory minimum term of imprisonment of five years (60 months). See 18 U.S.C. § 924(c).

Crawford proceeded to trial with the assistance of two attorneys from the Federal Public Defender's Office and was found guilty of all charges. The jury rendered its verdict on January 9, 2006. Crawford's trial counsel did not file post-trial motions within the seven days allowed under the Federal Rules of Criminal Procedure. See Fed.R.Crim.P. 29(c)(1) and 33(b)(2). After trial Crawford filed numerous pro se motions, including motions for a new trial and motions for a judgment of acquittal. On February 17, 2006, Crawford filed a motion to proceed pro se. On April 10, 2006, at Crawford's request, Crawford's appointed counsel moved to withdraw.

On May 11, 2006, the district court issued a consolidated order ruling on defendant's motions, including his motion to proceed pro se and his counsel's motion to withdraw. The section of the order addressing Crawford's motion to proceed pro se is quoted here in full:

After the jury reached its verdict, defendant filed a motion to represent himself pro se. Defendant also requested that his counsel withdraw from his case so that he may proceed pro se, and his counsel has moved to withdraw. The Constitution guarantees an accused the right to self-representation. Faretta v. California, 422 U.S. 806, 836, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). However, when an accused manages his own defense, he relinquishes many of the traditional benefits associated with the right to counsel. Id. at 835, 95 S.Ct. 2525. Therefore, in order for a defendant to represent himself, the defendant must "knowingly and intelligently" forgo those relinquished benefits. Id.

Here, the Court is satisfied that defendant is "knowingly and intelligently" relinquishing those benefits. In his moving papers, defendant clearly and unequivocally declares that he wants to represent himself and does not want counsel. Further, defendant has filed several motions pro se, often with accompanying memoranda. Although the Court finds his legal propositions to be without merit, defendant's papers indicate that he is "literate, competent, and understanding," and that defendant here is "voluntarily exercising his informed free will" to proceed pro se. Id. Finally, the Court notes that because defendant did not request to proceed pro se until after the jury rendered its verdict, defendant was represented by experienced and competent counsel before, during and after trial. Therefore, the Court grants defendant's motion to proceed pro se. The Court will, however, appoint Attorney Andrea K. George, of the Office of the Federal Public Defender, as standby legal counsel to defendant. See, e.g., United States v. Schmitt, 784 F.2d 880, 882 (8th Cir.1986).

Order at 10-11 (footnotes omitted).

Crawford's sentencing hearing was held on September 21, 2006. At the beginning of the hearing, the district court confirmed that Crawford was appearing pro se and that Ms. George was standby counsel. The district court did not engage Crawford in a colloquy regarding his self-representation. The district court sentenced Crawford to a total term of imprisonment of 180 months. Crawford received the statutory mandatory minimum of 120 months for Count 1 and a concurrent term of 120 months on Count 3, along with the statutory mandatory minimum consecutive term of 60 months on Count 2. This appeal followed.

II. DISCUSSION

Crawford argues the district court erred by allowing him to represent himself after trial. In presenting his appeal, Crawford assumes he was pro se for post-trial motions and for sentencing. Crawford first contends the district court should have examined whether he was competent to waive his Sixth Amendment right to counsel. He also argues his waiver of the right to counsel was not knowing and intelligent. He asserts he suffered prejudice as a result of his lack of counsel because an attorney could have more persuasively argued his post-trial motions and could have capitalized on the additional discretion allowed to district judges in sentencing after United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).

As a preliminary matter, we must determine whether Crawford was without counsel in relation to post-trial motions. There is nothing in the record that demonstrates Crawford's counsel had been relieved of their appointed representation when post-trial motions were due; they represented Crawford up until the district court's May 11 order, when the court granted Crawford's motion to proceed pro se and counsel's motion to withdraw. Indeed, Crawford did not file his motion to proceed pro se until almost one month after post-trial motions were due. Thus, Crawford was not pro se for purposes of post-trial motions. While Crawford's counsel did not file post-trial motions on his behalf, any arguments based upon that failure to file should be raised in a proceeding brought under 28 U.S.C. § 2255. United States v. Santana, 150 F.3d 860, 863 (8th Cir.1998) (explaining that claims alleging ineffective assistance of counsel should normally be addressed in § 2255 proceedings). Therefore, we consider Crawford's claims only as they relate to sentencing.

A. Competency Evaluation

Crawford asserts the district court erred by not ordering an evaluation to determine whether Crawford was competent to waive his right to an attorney. Crawford contends the district court should have exercised its authority to order a competency evaluation, even without a request from the government or the defense. See 18 U.S.C. § 4241(a), (b) (stating that a court "shall order" a competency hearing upon its own motion if "there is reasonable cause to believe" a defendant is not competent and that a court "may order" a psychological evaluation prior to such a hearing).

Before allowing a defendant to waive his right to counsel, a court must be satisfied that the defendant is competent to do so. Godinez v. Moran, 509 U.S. 389, 400, 113 S.Ct. 2680, 125 L.Ed.2d 321 (1993). Generally, a court need not sua sponte order an evaluation to determine a defendant's competence to waive counsel; "[a]s in any criminal case, a competency determination is necessary only when a court has reason to doubt the defendant's competence." Id. at 401 n. 13, 113 S.Ct. 2680. Unless "evidence raises sufficient doubt" about a defendant's competence, further inquiry is not required. Branscomb v. Norris, 47 F.3d 258, 261 (8th Cir.1995); see also United States v. Day, 998 F.2d 622, 627 (8th Cir.1993) (holding that a district court did not err when it did not conduct a competency hearing prior to allowing a defendant to proceed pro se at sentencing). Whether a competency evaluation is warranted is a determination within the discretion of the district court. See United States v. Vamos, 797 F.2d 1146, 1150-51 (2d Cir.1986).

Here, Crawford's trial counsel did not request a competency evaluation prior to the court's consideration of Crawford's motion to proceed pro se. The district court presided over Crawford's trial and had the opportunity to observe him directly, and it did not find a competency evaluation necessary. Cf. id. at 1150 (noting that "deference is owed to the district court's determinations based on observation of the defendant during the proceedings"). The district court specifically concluded Crawford was competent, noting that Crawford's multiple filings in the district court indicated he was "literate, competent, and understanding." The district court did not abuse its discretion by not ordering a competency evaluation.

B. Sixth Amendment Waiver

Since the Supreme Court's decision in Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), "[i]t is . . . settled law that a criminal defendant has the right to waive his right to counsel at trial and to represent himself as long as the waiver is both voluntary, and intelligently and knowingly made." Meyer v. Sargent, 854 F.2d 1110, 1114 (8th Cir. 1988). This right extends to self-representation at sentencing, as well. See Day, 998 F.2d at 626-27 (considering whether a defendant executed a valid waiver of his right to counsel before...