U.S. v. Wilson

• Decision Date: 01 February 1982
• Docket Number: No. 81-1117,81-1117
• Parties: 9 Fed. R. Evid. Serv. 1500 UNITED STATES of America, Plaintiff-Appellee, v. John Paul WILSON, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

Page 1241

666 F.2d 1241

9 Fed. R. Evid. Serv. 1500

UNITED STATES of America, Plaintiff-Appellee, v. John Paul WILSON, Defendant-Appellant.

No. 81-1117.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 9, 1981.

Decided Feb. 1, 1982.

John Paul Wilson, in pro per.

Ruth L. Cohen, Asst. U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Appeal from the United States District Court for the District of Nevada.

Before WRIGHT and FLETCHER, Circuit Judges, and EAST, ^* District Judge.

EAST, District Judge:

THE APPEAL

Wilson, appearing pro se, and in forma pauperis, appeals from a judgment of conviction and sentence for escape under 18 U.S.C. § 751(a). ¹ We note jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

THE FACTS

On December 17, 1979, Wilson pleaded guilty to a misdemeanor counterfeit charge, 18 U.S.C. § 491(a). He received a one year sentence with six months suspended on the condition that he spend six months in a treatment-oriented institution, and was placed on three years probation.

After some delay due to another pending proceedings, Wilson was taken to the West Glenn Center, a federal halfway house. About two weeks after his arrival at the facility, Wilson signed out and failed to return. Deputy United States Marshals staked out Wilson's girl friend's apartment in Arizona. The marshals, in possession of both a description and a photograph of Wilson, observed him leave the apartment, stopped him, and explained who they were and who they were looking for. Although one marshal testified that he was certain at that point that the suspect was in fact Wilson, they neither informed Wilson that The marshals accompanied Wilson on an unsuccessful search for "John." When Wilson became "fidgety," the marshals handcuffed him and took him to his girl friend's apartment. At the sight of Wilson in handcuffs, she began to cry, at which time the marshals advised Wilson that he was under arrest and read him the Miranda warnings.

he was under arrest, nor read him the warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), at that time. Instead, the marshals asked for some identification. Wilson produced two pieces of phony identification. When the marshals indicated that unless he could better identify himself, they would have to detain him until they could determine who he was, Wilson offered the explanation that he was in the area to visit "John."

At the arraignment, the Magistrate denied Wilson's request to proceed pro se and appointed counsel to represent him. Wilson then filed a notice of intent to appeal that denial. The Magistrate subsequently held a hearing on Wilson's ability to represent himself, and recommended that Wilson not be allowed to proceed pro se because he lacked the educational background to represent himself effectively.

Wilson responded with an objection to that recommendation, on which the District Court did not act before trial. On the day of trial, the court asked Wilson if he wished to represent himself. He indicated that, because he had received no access to a law library for preparation of a defense and because he was unfamiliar with trial procedure, he would not defend himself. Wilson agreed to an arrangement by which appointed counsel would examine witnesses and Wilson could ask additional questions himself or make suggestions to his counsel.

Wilson's only participation at trial was at a sidebar conference in which he renewed his complaint that he had been denied access to a library to prepare his defense.

The District Court granted Wilson the opportunity to file a post-trial motion for judgment of acquittal, Fed.R.Crim.P. 29(c), asserting the defense that his sentence had expired due to accumulated "good time" credits at the time he left West Glenn Center.

After the guilty verdict, the court directed that Wilson have access to a law library and other materials necessary to prepare his Rule 29(c) motion. Wilson requested and was granted more time to file the motion and was given additional access to the library. He filed no motion, but claims prison officials seized his papers, which prevented him from filing.

DISCUSSION

I. DENIAL OF RIGHT TO PROCEED PRO SE

Wilson contends that the Sixth and Fifth Amendments together guarantee him a right to self-representation and access to a library prior to trial to prepare his defense.

Federal criminal defendants have both statutory and Sixth Amendment rights to waive counsel and represent themselves when they voluntarily and intelligently so elect. 28 U.S.C. § 1654; Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed. 562 (1975).

Wilson contends that, although he was ultimately given the right to participate in his trial to any extent he desired, denial until the day of trial of this right and of pretrial access to a law library effectively denied his Sixth Amendment right to proceed pro se. He argues that the Sixth Amendment right to self-representation recognized in Faretta implies a right of access to legal facilities and materials necessary to prepare legal arguments and documents.

We find a more narrow right to proceed pro se at trial implied from the Sixth Amendment by the Supreme Court in Faretta. The Faretta Court recognized that historically, with the brief exception of the Star Chamber, common law courts never have forced counsel upon unwilling defendants. Therefore, the "assistance of counsel" guarantees of the Sixth Amendment are not obligatory, but rather include a correlative right to reject counsel and to represent oneself.

In reaching this conclusion, the Court specifically recognized that a criminal defendant who exercises his right to reject counsel necessarily relinquishes many of the benefits associated with representation by counsel. Nowhere did the Faretta Court suggest that the Sixth Amendment right to self-representation implies further rights to materials, facilities, or investigative or educational resources that might aid self-representation. We decline to interpret the right to self-representation under the Sixth Amendment to include a right to conduct one's own research.

We do not condone the Magistrate's denial of Wilson's request to represent himself nor the delay until trial in reconsidering this denial. Properly, Wilson's original request should have been granted and counsel appointed to assist Wilson in preparation of his own defense. As it stands, the role of counsel appointed to Wilson's case was unclear, and Wilson argues this confusion denied him his right to self-representation.

We do not agree with him. Although the role of counsel perhaps should have been clarified to allow Wilson the primary role in conducting his own defense, we do not find this confusion denied the right to self-representation. A defendant may not effectively force the Government to provide a particular means of access to the courts by denying the means offered.

Wilson had access to counsel before trial but rejected the assistance. He was given the opportunity to and did participate during the trial. He was also allowed to file a post-trial motion for acquittal and given an extension of time and library access for preparation of the motion. Although the division of duties between Wilson and appointed counsel perhaps should have been more fully defined in accordance with the right to self-representation established in Faretta, we do not read Faretta to require retrial in this case.

Wilson argues further that the due process clause of the Fifth Amendment, which the Supreme Court has held requires some form of "meaningful access" to the courts, Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), when combined with the Sixth Amendment right to self-representation, requires that he be afforded library access to prepare a "meaningful" defense.

Several circuits have considered and rejected this argument, and we agree with their analysis. Spates v. Manson, 644 F.2d 80 (2d Cir. 1981); United States v. Chatman, 584 F.2d 1358 (4th Cir. 1978); United States v. West, 557 F.2d 151 (8th Cir. 1977). The defendant's right to self-representation does not include a right of access to a law library when the state has provided an alternative.

The Supreme Court, in requiring meaningful access to the courts, has been careful to note that providing access to law libraries is but one of a number of constitutionally permissible means of achieving that objective. Bounds v. Smith, 430 U.S. at 830, 97 S.Ct. at 1499. This circuit has recently reiterated the rule. Storseth v. Spellman, 654 F.2d 1349 (9th Cir. 1981). Availability of legal assistance is a constitutionally permissible means of access. Id. When adequate access is provided, an inmate may not reject the method provided and insist on an avenue of his or her choosing. Id. at 1353.

Wilson was provided with appointed counsel and chose to reject his services entirely until the day of trial. While it is not clear whether Wilson ever specifically was offered the research services of counsel, the availability of appointed counsel to assist in preparing a defense provided an adequate means of meaningful access to the courts. Wilson cannot obtain access to a law library by rejecting the assistance of counsel offered by the court. The choice of methods of meaningful access remains with the Government. Providing a law library to conduct his own research in this case was not mandated by the Fifth or Sixth Amendments.

As in United States v. Chatman, 584 F.2d 1358, where library facilities are not available and where the defendant has rejected appointed counsel under a claimed right to self-representation, the conviction should stand.

II. THE ADMISSIBILITY OF THE FALSE IDENTIFICATION AND STATEMENTS MADE TO THE U. S. MARSHALS PRIOR TO THE ARREST

Wilson next contends that he was in custody but had not been given the Miranda warnings at the time he gave the marshals two pieces of false identification and a false story...