United States v. Graves

• Decision Date: 10 May 2017
• Docket Number: No. 16-1462,16-1462
• Citation: 856 F.3d 567
• Parties: UNITED STATES of America, Plaintiff–Appellee v. Keith A. GRAVES, also known as Chris Woods, Defendant–Appellant
• Court: U.S. Court of Appeals — Eighth Circuit

856 F.3d 567

UNITED STATES of America, Plaintiff–Appellee

v.Keith A. GRAVES, also known as Chris Woods, Defendant–Appellant

No. 16-1462

United States Court of Appeals, Eighth Circuit.

Submitted: February 6, 2017

Filed: May 10, 2017

Counsel who represented the appellant was Tom Tuntland of Mandan, ND.

Counsel who represented the appellee was Brandi Sasse Russell, AUSA, of Bismarck, ND.

Before LOKEN, COLLOTON, and KELLY, Circuit Judges.

PER CURIAM.

After a lengthy trial at which Keith A. Graves represented himself with the help of stand-by counsel, a jury convicted Graves of five counts of sex trafficking by force or coercion and two counts of possession and distribution of methamphetamine. See 18 U.S.C. §§ 1591(a), (b)(1) ; 21 U.S.C. §§ 841(a)(1), 844(a). The jury acquitted Graves of four sex trafficking offenses. The district court¹ sentenced him to 405 months in prison. On appeal, represented by stand-by trial counsel, Graves argues he was denied a fair trial when the government produced voluminous discovery in a manner Graves could not effectively access while in pretrial detention and use at trial, and the district court denied his request for a continuance made on the morning his long-delayed trial was scheduled to begin. We affirm.

At his arraignment on a superseding indictment, Graves told the magistrate judge that he wanted to represent himself because appointed counsel, an assistant federal public defender, was "working together" with the prosecutor to violate "my constitutional rights to a speedy trial." On May 18, 2015, the district court held a hearing on counsel's motion to withdraw. The court gave Graves a lengthy warning about the dangers of self-representation; Graves again said he wanted to represent himself. Finding that he was mentally competent and made a knowing and voluntary waiver of his right to counsel, the court allowed him to proceed pro se and appointed stand-by counsel.

At this hearing, the court asked if Graves had access to the government's discovery. The prosecutor advised that extensive discovery had been provided on twenty-two disks pursuant to a stipulated discovery order. Graves complained that he did not have access to electronic discovery at the detention facility in Rugby and no access to FBI interview reports. The court directed the U.S. Marshals Service to ensure there was a room with a computer at the Rugby facility where Graves could look at the discovery "more than an hour a day." Graves said, "I'll look at everything every day until I go to trial," and said he would be ready for a mid-July trial.

At a June 23, 2015 status conference, the prosecutor assured the court, "We sent all the discovery out." Graves said he had reviewed eight of the twenty-four CDs and complained that he needed more time to prepare for trial because "I can't get any paper copies of anything at all," and the laptop in Rugby "doesn't really play all the programs." The court explained that it was standard policy not to allow inmates in custody awaiting trial to have paper copies of discovery that could "get in the wrong hands." The court said this is why "most people rely upon an attorney to accumulate that information and conduct the investigation." The court granted Graves a continuance, assured him "we can find another laptop computer, and ... set aside more time for you to look at those images," granted Graves's belated request for an investigator, and advised Graves to consult with stand-by counsel. On September 15, the court ordered Graves transferred from the jail in Rugby to the Burleigh County Detention Center in Bismarck, where he would be provided a computer with appropriate software to aid in his review of discovery.

At the start of a pretrial conference on September 28, the court noted trial was scheduled for two weeks beginning October 19 and discussed "how this trial is going to proceed." The court instructed Graves to immediately contact stand-by counsel, who would contact the clerk of court, if Graves had problems reviewing discovery. Graves replied, "Well, so far, Your Honor, I haven't been able to review it," and asked how he would be able to separate the information and present it as exhibits. The court instructed the U.S. Marshal to make sure Graves has "full access to a laptop" at the Detention Center and said, if they cannot do it, provide Graves a room at the federal courthouse where he can sit all day and look at discovery. The court advised Graves to work with stand-by counsel to develop trial exhibits.

Graves complained he had not been provided an investigator. The court replied, "I never received any letter from you requesting private investigator funds," awarded funds for an investigator, and instructed stand-by counsel to help arrange interviews of persons Graves wanted interviewed. Graves also complained that "some of these discoveries disks ... don't even work." The prosecutor explained that, with electronic device discovery, sometimes there is nothing to view.

On October 19, before selecting the jury, the district court gathered counsel and Graves to discuss the preliminary jury instructions. Graves stated he...