United States v. Harrington

814 F.3d 896, 2016 U.S. App. LEXIS 3831, 2016 WL 805646
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 2, 2016
DocketNos. 14-3010, 14-3028
StatusPublished
Cited by7 cases

This text of 814 F.3d 896 (United States v. Harrington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh 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. Harrington, 814 F.3d 896, 2016 U.S. App. LEXIS 3831, 2016 WL 805646 (7th Cir. 2016).

Opinion

HAMILTON, Circuit Judge.

Appellant Perry Harrington contends in this appeal that he was deprived of his right to counsel for his sentencing hearing. Harrington had persuaded the district court to discharge court-appointed counsel (twice) and to let him proceed pro se to make post-trial motions. On appeal Harrington argues that he did not validly waive his right to counsel for his sentencing hearing. We disagree and affirm the judgment.

I. Factual and Procedural Background

Harrington sold cocaine to a confidential informant. He was charged with six counts of distributing a controlled substance, 21 U.S.C. § 841(a)(1), (b)(1)(c), and one count of possessing a controlled substance with intent to distribute, 21 U.S.C. § 841(a)(1), (b)(1)(B). The district court appointed attorney William Charnock to represent Harrington at trial. Harrington was convicted by a jury on all seven counts.

Attorney Charnock then filed a motion for acquittal or new trial. A day later, however, the court received a letter from Harrington saying that he believed Char-nock was ineffective and asking that new counsel be appointed. Without addressing the merits of Harrington’s accusations, the court discharged Charnock and appointed attorney William Loeffel to represent Harrington in post-trial motions and sentencing.

A week before the scheduled sentencing hearing, attorney Loeffel moved for a competency evaluation. He reported that Harrington had been exhibiting bizarre behavior. During a visit two weeks earlier, Harrington had “frequently made comments that made no sense,” and Loeffel learned that Harrington might have ingested cleaning solution and deodorant in his jail cell three days after their visit, [898]*898leading jail personnel to place him on suicide watch.

At a hearing on the motion, Loeffel said that he had met with Harrington the day-before and that Harrington had continued to appear “quite delusional.” Harrington told the court that he opposed the motion, yet moments later remarked that attorney Loeffel and his colleagues were trying to kill him by drugging him. Harrington told the court that he had reviewed the Presen-tence Investigation Report (PSR) with Loeffel and identified errors in the report, but that he no longer wanted to be represented by Loeffel.

When the court asked Harrington who would represent him if Loeffel did not, Harrington replied: “I’m ready to represent myself or I am willing to bring in other counsel.... [I] will hire other counsel or you can appoint me other counsel, but the thing about it is [Loeffel] needs not to counsel anybody. He needs counseling himself____ And I’m ready to represent myself right now. You can sentence me right now.”

The judge denied Harrington’s request to relieve Loeffel. He also granted Loef-fel’s motion to have Harrington evaluated but made clear he was doing so out of caution rather than any genuine doubt about Harrington’s competency. It was “more than a coincidence,” the judge said, that the issue was first raised just two weeks before sentencing, given that Harrington had been in custody for over a year without any question being raised about his mental state.

After a delay for a psychological evaluation, the court held a hearing on Harrington’s competency. A clinical psychologist who had evaluated Harrington found no evidence that he was suffering a mental illness and opined that he had been malingering. The parties stipulated to the psychologist’s findings, and the court found Harrington competent to proceed to sentencing.

At the competency hearing, however, Harrington again expressed dissatisfaction with attorney Loeffel and asked that he be replaced. Harrington complained that Loeffel had “not brought any of my discovery out.” The judge asked Harrington if he ^wanted to represent himself, and Harrington said he did not. The judge then refused to remove Loeffel from the case, reminding Harrington that his first appointed attorney already had been replaced and saying that Harrington had not given “any indication” why Loeffel should not continue to represent him. The court then set a date for a hearing on post-trial motions and sentencing.

On the scheduled day, however, Harrington renewed his request to proceed pro se. He said that he had still been “having problems” with Loeffel and continued to say he was not satisfied with Loeffel’s handling of discovery. The court initially denied Harrington’s request to proceed pro se. But the government warned that if Harrington were not permitted to represent himself at sentencing, he could appeal on the ground that he was denied the right to represent himself. The court agreed: “My initial reaction was to save Mr. Harrington from himself but I can’t do that.”

The court then engaged in a colloquy with Harrington. In response to the court’s questions, Harrington said that he did not want to represent himself but had “no choice” if he were going to obtain discovery. Harrington acknowledged that he had not reviewed the sentencing guidelines or represented himself before, but he said that he had some prior experience filing and arguing post-trial motions. The judge told Harrington that he thought self-representation was “as bad an idea as you may have ever had,” adding that he did not [899]*899think Harrington would “serve yourself well.” Harrington insisted, though, that he wanted to represent himself. The court then allowed Loeffel to withdraw, gave Harrington two weeks to supplement any post-trial motions, and set yet another date for a hearing on post-trial motions and sentencing.

At that hearing, five weeks later, Harrington argued several post-trial motions, all of which the court denied. The court then announced its intention to proceed immediately to sentencing. At that point, Harrington said he wanted to be represented by counsel. He told the court he did not think he was capable of representing himself, and he said that he had agreed to do so only for the purpose of getting the “actual issues on the record.” The court, however, determined that Harrington’s conduct amounted to a waiver of counsel and that he was making this request “just for the purpose of delay.” The request for counsel, in any event, would be “fruitless” based on Harrington’s prior conduct, and the court said that if the request were granted, the court “would simply address at a later date another request to have counsel removed.”

Harrington thus represented himself at sentencing. He called four character witnesses — his mother, father, and two sisters — and argued that his guideline range of 360 months to life was excessive given the quantity of cocaine base and cocaine involved in the offense. The court sentenced him to 360 months, based primarily on the seriousness of the offenses and Harrington’s risk of re-offending.

II. Analysis

A criminal defendant is entitled under the Sixth Amendment to the United States Constitution to waive his right to counsel and to conduct his own defense when he knowingly and intelligently elects to do so. Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975).

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Cite This Page — Counsel Stack

Bluebook (online)
814 F.3d 896, 2016 U.S. App. LEXIS 3831, 2016 WL 805646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-harrington-ca7-2016.