United States v. Delano Johnson

612 F. App'x 345
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 2, 2015
Docket14-1315
StatusUnpublished
Cited by1 cases

This text of 612 F. App'x 345 (United States v. Delano Johnson) 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. Delano Johnson, 612 F. App'x 345 (6th Cir. 2015).

Opinion

OPINION

MATTICE, District Judge.

On September 30, 2013, Defendant-Appellant Delano Johnson was convicted of one count of possession with intent to distribute heroin, one count of possession with intent to distribute cocaine base, and two counts of distribution of heroin following a three-day jury trial at which he was represented by court-appointed counsel. On February 27, 2014, the district court found that Johnson qualified as a career offender pursuant to the U.S. Sentencing Guidelines § 4B1.1 and sentenced him to 262 months’ imprisonment. Defendant timely appealed on February 28, 2014, and we now affirm the district court’s judgment.

I. BACKGROUND AND FACTS

Johnson was indicted on May 22, 2013, and attorney Stevens J. Jacobs was appointed by the court to represent him on June 25, 2013. (Docs. 1, 3). On September 13, 2013, at the final pretrial conference in this matter, Jacobs made a motion to withdraw from representation of Johnson, citing a “breakdown in communication.” (Doc. 38 at 21). The court then addressed Johnson, asking him to explain why he had requested that Jacobs be relieved of representation. In response, Johnson stated:

Well, actually, he — to be honest with you, I didn’t ask for him to withdraw. He asked to withdraw. He said he was going to withdraw because he ■ said it earlier when I was in the cell, that he would like ... to withdraw because our communications has — like, it’s been misunderstood, it’s lack of communication. So he said he was going to bring that up to you earlier before I came out here.

(Id. at 22). Following additional colloquy, the court recognized that Johnson had not identified a sufficient reason to relieve Jacobs of his responsibility of representing Johnson. Thus, the court noted that the case would proceed to trial on September 25, 2013. (Id. at 24-25).

On September 25, 2013, following the summons of the venire panel but before prospective jurors were brought into the courtroom, Jacobs renewed his request to withdraw from representation of Johnson and also requested an adjournment of the trial. (Doc. 39 at 5). In support of his request, Jacobs informed the court that he and Johnson continued to have disagreements regarding trial strategy and also indicated that Johnson’s family was attempting to retain substitute counsel for Johnson. Jacobs stated to the court that Johnson did not “have any trust in [him].” He also submitted 'that he and Johnson had “some major disagreements over how to address this trial and how to even address the cross-examination of witnesses.” (Id. at 6).

The court questioned Jacobs regarding his discussions with Johnson about his right to remain silent or provide testimony in his own defense and confirmed that Jacobs had made it clear to Johnson that whether to testify or not was ultimately Johnson’s decision. (Doc. 39 at 7). The Court’s discussion with counsel delved into other bases of disagreement with Johnson. *348 Following his exchange with counsel, the Court turned and asked “Mr. Johnson, has [counsel] at least done a good job in outlining the differences of opinion that you and he have?” At that point, the Court permitted Johnson to identify what he believed to be the bases of his disagreements with counsel. Following this discussion, the Court stated that the grounds identified by both Jacobs and Johnson did not suggest “that there is any lack of preparation or consideration for the merits of [Johnson’s] case.” (Id. at 15). Rather, the court noted that counsel had “done a good job” educating Johnson on the necessary information and covering all of the witnesses that the Government intended to call. Finding no reason to dismiss counsel from his responsibilities in representing Johnson, the court denied counsel’s request to withdraw from the case and the request for adjournment of trial. (Id.).

Following a few other housekeeping matters, the court permitted Johnson to address the court regarding his concerns about his counsel. Johnson read a note that he had prepared the previous night regarding additional bases of his disagreements over trial strategy with counsel. Johnson continued to argue to the Court regarding his desire not to have counsel represent him at trial. Following this exchange, the Court stated:

We-we are here to select a jury. They will be given extensive instructions about the fact that you have no obligation to prove anything, that the burden of proof is allocated to the government to prove all the elements of the crime. [The prosecutor] reviewed the witnesses that she was going to call in detail. The discovery in the case is not particularly complicated and it’s been in your and your [counsel’s] possession for some period of time.
I have not heard anything to suggest that he has done anything short of every effort to make sure that you have an understanding of what the evidence is that the Government intends to call. [The prosecutor] has outlined it. And we are ready to go.

(Id. at 20-21). The Court took a brief recess and then called in the prospective jurors to begin the voir dire process. Following voir dire, Johnson renewed his request for substitution of counsel, but the district court once again denied his request. (Id. at 123).

On September 27, 2013, the government rested its case, the court sent the jury out of the courtroom, and defense counsel requested that the court give Johnson the weekend to decide whether he was going to testify on behalf of his defense. (Doc. 41 at 115). Counsel explained that he had advised Johnson several times, not to testify, but that Johnson “would like to testify and explain his situation.” (Id.). Johnson believed that it would be helpful to him to go through his notes over the weekend and allow counsel to review his statement with him. (Id. at 115-16). Johnson believed that his counsel was sincere about not wanting him to give his statement, but Johnson himself was also sincere that he wanted his “side heard.” (Id. at 117). Upon hearing Johnson’s position and request for continuance, the district court noted some of the risks of Johnson testifying, including answering questions posed by the government under oath. (Id. at 117-118). The court also noted that Johnson could either choose to testify or choose not to testify, but indicated that they would be moving forward with the case that day. (See id. at 120). When the jury returned to the courtroom, defense counsel stated that he would not be calling any witnesses. The court then adjourned for the day. On September 30, 2013, the jury *349 returned a verdict of guilty on all counts. (Doc. 16).

The district court sentenced Johnson to 262 months’ imprisonment on February 27, 2014. (Doc. 37 at 4). At Johnson’s sentencing, the court referenced the factors identified in 18 U.S.C. § 3553(a). In determining what constituted a reasonable sentence, .the court discussed Johnson’s criminal history background, education, and his history with substance abuse problems.

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Bluebook (online)
612 F. App'x 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-delano-johnson-ca6-2015.