United States v. Airiz Coleman

871 F.3d 470, 2017 FED App. 0215P, 2017 U.S. App. LEXIS 17670
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 13, 2017
Docket16-3972
StatusPublished
Cited by65 cases

This text of 871 F.3d 470 (United States v. Airiz Coleman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Airiz Coleman, 871 F.3d 470, 2017 FED App. 0215P, 2017 U.S. App. LEXIS 17670 (6th Cir. 2017).

Opinion

OPINION

SUHRHEINRICH, Circuit Judge.

I. INTRODUCTION

Defendant Airiz Coleman (Coleman) was convicted by a jury of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). On appeal, he faults the district court for failing to order sua sponte a mental competency evaluation pursuant to 18 U.S.C. § 4241(a). We find no error and affirm.

II. BACKGROUND

A. Pretrial Filings and Proceedings

On November 17, 2015, Defendant pointed a gun at Garry Valentine (Valentine), a recovery agent with a vehicle repossession company, and threatened to shoot him. As a result, he was indicted on charges of being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1). At his arraignment, Defendant acknowledged his presence in federal court, but challenged the court’s jurisdiction over him. Specifically, he contended that the government was “trying to charge [him] with” a “commercial crime” and that the United States could not be the victim of a commercial crime. Defendant also asked the magistrate judge if he was “forcing [Defendant] to contract,” and referred to himself as a “flesh and blood living being.” He claimed that his detention on “U.S. soil” was unconstitutional.

Several weeks later, Defendant’s appointed counsel, Assistant Federal Public Defender Charles Fleming, moved to withdraw as counsel after Defendant became “combative” and “confrontational” during a meeting. At the hearing on the motion, Defendant told the court that he was present “on special appearance, [as a] third-party intervenor” and claimed that he was a “beneficiary and executor to the legal estate of the decedent[.]” Defendant stated that he had surrendered his birth certificate “to the Court for set-off, settlement[.]” He contended that he was not a corporation, an estate, or a legal fiction, but rather, was “a living man, ... living private on the land.” And he “authorized” the court “to settle and close the account, case, constructive trust.” Defendant also claimed that the court lacked “jurisdiction” and referenced his “copyright.” The district court granted Fleming’s motion, and ordered that Defendant receive other counsel.

Several days before trial, Defendant filed a pro se notice reiterating his challenge to the district court’s jurisdiction. In it he explained that he is “a living man ... not a ‘corporate fiction’ ... [who] never signed any ‘Contract’ with the Public Defender’s Officef.]” He also indicated that he had “appointed” “Respondent: James S. Gwin” “as Trustee to settle and close” the case. Defendant signed the notice as his own “Authorized Representative” and listed an address in “Warren, Ohio Republic,” with a zip code in brackets. Defendant included an “AFFIDAVIT OF OWNERSHIP[,] Declaration of Nationality[,] Certificate/s of Titles[,] Birth Certificates” stating that he was a “Moorish American National,” and claiming that using any of his titles mention in the declaration required payment of “1,000,000,000.00 PER HOUR UPON OCCURANCE [sic].” He further included several documents from the State of Ohio, his original birth certificate, and a “Common Law Copyright Notice” for his name. Finally, he attached a proposed “Order of Dismissal With Prejudice” pursuant to “Rule 12(b)(l)(2) of the Federal Rules of Civil Procedure” alleging “[t]he lack of subject-matter jurisdiction,” and [t]he lack of personam jurisdiction.”

B. The Trial Testimony

Valentine was the first to testify. He stated that when he attempted to repossess Defendant’s truck on November 17, 2015, pursuant to a repossession order, Defendant pointed a handgun approximately six or seven inches from Valentine’s face and threatened to kill him. Defendant’s wife intervened and Valentine was able to call the police.

Defendant gave his side of the story. According to Defendant, after his wife told him that Valentine was trying to repossess the truck, Defendant went home and tried to start the vehicle. It wouldn’t start and Defendant asked Valentine what he had done to it. Valentine allegedly said that “[he] don’t know nothing” and refused to provide any papers. Defendant’s wife arrived. After that Defendant noticed that Valentine had a gun and was “shaking” it. Defendant claimed that he smacked the gun from Valentine’s hand, grabbed it, and put it in his house.

Pursuant to a search warrant, police found a loaded small black revolver with a white handle on the kitchen counter approximately two feet from the back door. The gun contained five rounds of ammunition and the hammer was “cocked back into a firing position,” where “[a] slight pull of the trigger at [that] point would cause a bullet to go through that revolver.” It was later determined that the firearm and ammunition were manufactured out of state.

The jury convicted Defendant of being a felon in possession of a firearm.

C. Post-Trial Motion for New Counsel

After trial, Defendant filed a pro se motion to dismiss his second attorney, Fernando Mack. Mack’s tenure as counsel lasted through the trial. In a supporting affidavit, Defendant claimed a conflict of interest because Mack demanded a fee in return for a winning verdict, which Defendant was unable to pay. He further accused Mack of failing to communicate with him and claimed that Mack was “unprepared” for trial. Defendant referenced the Strickland standard 1 in connection with his complaints against Mack.

At the hearing on Defendant’s motion, Mack described Defendant as “pretty paranoid about [his] representation” because “[h]e felt like [Mack] was working for the government and this Court ... had sent [Mack] to sabotage the case.” Mack stated that “throughout” his communications with Defendant were difficult because Defendant insisted that they “would not discuss the facts of the case.” Mack also stated that Defendant “was under the impression that if a particular document was read in open court by [Mack] [the court] would release him.”

Defendant testified that Mack did not pursue a suppression motion as requested, citing the Fourth, Fifth, and Sixth Amendments. Defendant also claimed that he did not want to testify at trial, but Mack insisted he could not “argue facts for [Defendant] unless [Defendant] g[o]t on the stand and argue[d] facts.” Defendant explained, however, that both he and his wife “didn’t want to argue for a corporation,” and that was why he “tried to be respectful” and said that he wasn’t the defendant, but a man. Defendant described the impact his incarceration had on his family and his health. Defendant insisted that, “the debt has been taken care of.” The court relieved attorney Mack and appointed a new attorney—Defendant’s third—to represent him at sentencing.

D.

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Cite This Page — Counsel Stack

Bluebook (online)
871 F.3d 470, 2017 FED App. 0215P, 2017 U.S. App. LEXIS 17670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-airiz-coleman-ca6-2017.