United States v. Brown

Opinion

Case: 23-10464 Document: 00516998652 Page: 1 Date Filed: 12/12/2023

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-10464 Summary Calendar FILED ____________ December 12, 2023 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Keidric Kei Von Brown,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-146-1 ______________________________

Before King, Haynes, and Graves, Circuit Judges. Per Curiam: * Keidric Kei Von Brown has appealed his conviction following a bench trial of possession of a machinegun. Brown asserts that the district court erred in permitting him to represent himself during the bench trial. Criminal defendants have a Sixth Amendment right to counsel at critical stages of criminal proceedings against them. See United States v.

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-10464 Document: 00516998652 Page: 2 Date Filed: 12/12/2023

No. 23-10464

Mesquiti, 854 F.3d 267, 271 (5th Cir. 2017). Defendants likewise have a right of self-representation. See Faretta v. California, 422 U.S. 809, 813-14 (1975). Our review is de novo. See Mesquiti, 854 F.3d at 271. Here, the record reflects that Brown’s waiver of his right to counsel was clear and unequivocal, see Faretta, 422 U.S. at 813-14, and the district court ensured that the waiver was knowing and intelligent, see Mesquiti, 854 F.3d at 272-74; United States v. Davis, 269 F.3d 514, 518 (5th Cir. 2001). The judgment is AFFIRMED.