United States v. Scott J. Walford

295 F. App'x 354
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 6, 2008
Docket07-14578
StatusUnpublished

This text of 295 F. App'x 354 (United States v. Scott J. Walford) 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. Scott J. Walford, 295 F. App'x 354 (11th Cir. 2008).

Opinion

PER CURIAM:

Scott J. Walford appeals his convictions on four counts of attempting to evade and defeat taxes, in violation of 26 U.S.C. § 7201. The district court denied his motions for a sixty-day continuance of trial, a rejection that Walford argues violated his constitutional rights under the Sixth and Fourteenth Amendments. For the reasons that follow, we AFFIRM the convictions.

I. BACKGROUND

On 4 Api’il 2007, a federal grand jury in the Middle District of Florida indicted Walford on four counts of tax evasion, in violation of 26 U.S.C. § 7201. He was arraigned the following day, at which point the magistrate judge appointed a public defender, Clarence Counts, as his counsel and set a trial date of 4 June 2007. R2 at 3-4, 9. Walford subsequently decided to proceed pro se, and Counts thereby filed a motion to withdraw as counsel on 17 May 2007. R3 at 2. At a status conference on 22 May, the court moved the trial date back two weeks, until 18 June, based on a request by the government. Id. at 3-4. Walford did not oppose this extension.

Three days later, the magistrate judge conducted a hearing, pursuant to Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975), to determine whether to allow Counts to withdraw as Walford’s counsel. During the hearing, the magistrate judge asked Walford whether he intended to proceed without an attorney or instead wanted an extension of time to find one. R4 at 3. Walford indicated that he was choosing the former option. Id. The magistrate judge then attempted to make sure that Walford comprehended that the case was set for trial in June and that, if the court approved the withdrawal, he would not likely be able to receive a continuance. Id. at 4. Walford acknowledged that he understood and repeatedly indicated his desire to proceed pro se, despite the magistrate judge’s cautioning him not to do so. Id. at 10, 12. The court granted Walford’s request to *356 proceed pro se, but had Counts remain involved in the case as stand-by counsel, over Walford’s objection. Id. at 15-16.

On 31 May, Walford filed a motion for a sixty-day continuance of trial, stating that he needed time to hire an attorney. Rl29 at 2. The district court denied the motion, finding that Walford failed to show good cause for a continuance. Rl-30. Four days later, Walford filed a second motion seeking a sixty-day continuance, indicating that he had insufficient time to review documents and prepare a defense since he had just received his case file from Counts on 25 May. Rl-31. The court denied this motion as well, stating that Walford did not show sufficient grounds for a continuance, particularly in light of the court’s demanding trial schedule. Rl-34. During a scheduling conference on 13 June, the district court confirmed that the government had timely complied with its discovery obligations. R5 at 2-4. Tidal commenced as scheduled on 18 June, and the jury found Walford guilty on all four counts. Rl-43, 48.

On 20 June, the same day as the jury verdict, the district court issued a written order discussing its rationale for denying the motions for continuance. Rl-54. The court emphasized the inconvenience to itself and others that would be involved in postponing the trial, noting that it had a heavy caseload and had rearranged the trial dates of other cases to accommodate Walford on 18 June. Id. at 6. The court also noted that, although it had not granted Walford’s requests, he had an additional two weeks of preparation time in relation to the original trial date of 4 June. Id. at 4. Further, it found the seventy-five-day period between indictment and trial to be sufficient time to prepare a defense, noting that the underlying case was not complex and that Walford should have been familiar with the documents produced by the government, which he previously had either prepared, signed, or received. Id. at 4-5. Any lack of preparation was thus attributable to Walford’s own decision to fire an otherwise capable and prepared counsel so shortly before trial. Id. at 5. The court subsequently sentenced Walford to 33 months of imprisonment and he appealed the convictions.

II. DISCUSSION

We review the denial of a motion for a continuance for abuse of discretion. See United States v. Baker, 432 F.3d 1189, 1248 (11th Cir.2005). “The Sixth Amendment right to counsel guarantees a defendant both a fair opportunity to be represented by counsel of his choice and a sufficient time within which to prepare a defense.” Id. (citation and quotation marks omitted). “Under certain circumstances, denial of a motion for a continuance of trial may vitiate the effect of this fundamental right.” United States v. Verderame, 51 F.3d 249, 251 (11th Cir. 1995). Determining when such a denial would be “so arbitrary as to violate due process” involves a case-specific inquiry, focusing on the rationales cited by the party seeking the continuance. Id. (citation omitted). In order to prevail on such a claim, a defendant must show that the denial “resulted in specific substantial prejudice” to him. Id.

As we have noted, “not every denial of a request for a continuance is a denial of due process.” Baker, 432 F.3d at 1248. Due process only requires that defendants have “a fair or reasonable opportunity to select the attorney of their choice.” Id. In addressing continuance motions based on lack of adequate counsel, courts must balance “the defendant’s right to adequate representation by counsel of his choice” with “the general interest in the prompt and efficient administration of justice.” *357 Id. We give trial courts a “great deal of latitude in scheduling trials,” only requiring them to grant continuances for “compelling reasons.” Morris v. Slappy, 461 U.S. 1, 11, 103 S.Ct. 1610, 1616, 75 L.Ed.2d 610 (1983). Courts considering whether a denial of a continuance deprives a defendant of a “fair and reasonable opportunity” to select his own counsel should look at a variety of factors, including:

(1) the length of the delay; (2) whether the counsel who becomes unavailable for trial has associates prepared to try the case; (3) whether other continuances have been requested and granted; (4) the inconvenience to all involved in the trial; (5) whether the requested continuance is for a legitimate reason; and (6) any unique factors.

Baker, 432 F.3d at 1248 (citations and quotation marks omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
295 F. App'x 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-scott-j-walford-ca11-2008.