United States v. Anthony Vincent Cartman

607 F. App'x 888
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 8, 2015
Docket12-16603, 13-12600
StatusUnpublished
Cited by2 cases

This text of 607 F. App'x 888 (United States v. Anthony Vincent Cartman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh 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. Anthony Vincent Cartman, 607 F. App'x 888 (11th Cir. 2015).

Opinion

PER CURIAM:

Anthony Cartman appeals his convictions and sentences for one count of conspiracy to cause false representations to be made in a federal firearm licensee’s records, in violation of 18 U.S.C. § 371, seven counts of causing false representations to be made, in violation of 18 U.S.C. § 924(a)(1)(A), and five counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Cartman argues that his convictions - should be reversed because he was denied the right to self-representation in violation of the Sixth Amendment. In the event this argument does not prevail, Cartman asserts that his total sentence was unreasonable because of the sentencing disparity between him and a codefendant.

Whether a defendant knowingly and intelligently waived his right to counsel is a mixed question of law and fact that we review de novo. United States v. Cash, 47 F.3d 1083, 1088 (11th Cir.1995). We re *890 view the reasonableness of a sentence under an abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 46, 128 S.Ct. 586, 594, 169 L.Ed.2d 445 (2007).

I.

Cartman first argues that the district court erred by denying his requests to represent himself. A violation of the right to self-representation triggers automatic reversal. United States v. Davila, — U.S. -, 133 S.Ct. 2139, 2149, 186 L.Ed.2d 139 (2013).

A criminal defendant has a constitutional right to self-representation when he knowingly, voluntarily, and intelligently chooses to waive the right to counsel. Cash, 47 F.3d at 1088. Whether a defendant knowingly waived his right to counsel depends on the particular facts and circumstances of the case. United States v. Garey, 540 F.3d 1253, 1266 (11th Cir.2008) (en banc). We may look to subsequent events to determine if the defendant’s decision to waive the right to counsel was made knowingly and voluntarily. United States v. Stanley, 739 F.3d 633, 646 (11th Cir.2014), cert. denied, — U.S.-, 134 S.Ct. 2317, 189 L.Ed.2d 195 (2014). If the district court concludes that a defendant’s irrational or uncooperative conduct is the result of “serious mental illness, confusion, or any other condition indicative of a lack of understanding,” it should prohibit the defendant from proceeding pro se even if the defendant affirmatively requests to do so. Garey, 540 F.3d at 1267 n. 9.

We have identified eight factors relevant to determining whether a defendant’s waiver of the right to counsel was valid: (1) the defendant’s age, health, and education; (2) the defendant’s contact with lawyers before trial; (3) the defendant’s knowledge of the nature of the charges and the possible defenses and penalties; (4) the defendant’s understanding of the rules of evidence, procedure, and courtroom decorum; (5) the defendant’s prior experience in criminal trials; (6) whether standby counsel was appointed and, if so, the extent to which standby counsel aided in the trial; (7) mistreatment or coercion of the defendant; and (8) whether the defendant was trying to manipulate the trial. United States v. Kimball, 291 F.3d 726, 730-31 (11th Cir.2002).

If a defendant had significant contact with an attorney before trial, exposing the defendant to the complexity of the case and the legal process, the contact weighs in favor of a valid waiver. Stanley, 739 F.3d at 647-48. A defendant’s technical legal knowledge, such as an understanding of the rules of hearsay, is not relevant to the inquiry of whether a waiver was valid. Kimball, 291 F.3d- at 731. However, the defendant must be aware- that rules exist to govern the procedure of the trial, the introduction of evidence, and the behavior of advocates, and that he or she will be-bound by those rules. Id.

Cartman did not validly waive his right to counsel. Cartman did not say that he understood the nature of the charges against him or possible defenses open to him and did not acknowledge the elements of the offenses that the Government was required to prove. He never acknowledged that he knew he would be bound by the rules applicable to criminal trials. Moreover, he failed to show an understanding of courtroom decorum. Prior to trial, Cartman refused to answer questions posed to him by the district court, and at his sentencing hearing, he refused to follow explicit instructions and repeatedly interrupted the court and the Government. He also had no prior criminal trial experience. While other factors may weigh in favor of the validity of his waiver, the above considerations control. Accordingly, *891 the district court did not err in denying Cartman the right to self-representation.

II.

Cartman also contends that his total sentence was unreasonable in light of the sentencing disparity between him and a codefendant, Tchaka Shields. In determining whether a sentence was substantively reasonable, we take into account the totality of the circumstances. Gall, 552 U.S. at 51, 128 S.Ct. at 597. The party challenging the sentence bears the burden of showing that the sentence was unreasonable in light of the record and the § 3553(a) factors. United States v. Early, 686 F.3d 1219, 1221 (11th Cir.2012).

The district court must impose a sentence “sufficient, but not greater than necessary, to comply with the purposes set forth” in § 3553(a)(2), including the need for the sentence to reflect the seriousness of the offense, promote respect for the law, provide just punishment for the offense, deter criminal, conduct, and protect the public from the defendant’s future criminal conduct. 18 U.S.C. § 3553(a), (a)(2). The district court must consider the nature and circumstances of the offense, the history and characteristics of the defendant, the kinds of sentences available, the applicable guidelines range, pertinent policy statements issued by the Sentencing Commission, the need to avoid unwarranted sentencing disparities between defendants with similar records who have been found guilty of similar conduct, and the need to provide restitution to victims of the offense. Id. § 3553(a)(1), (3)-(7).

The weight to be accorded to any given § 3553(a) factor lies in the sound discretion of the district court. United States v. Clay,

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Cite This Page — Counsel Stack

Bluebook (online)
607 F. App'x 888, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-anthony-vincent-cartman-ca11-2015.