Professional Documents
Culture Documents
No. 08-5225
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:08-cr-00309-RLW-1)
Submitted:
KING,
Circuit
Decided:
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Wayne D. Thompson appeals his conviction after a jury
trial
of
one
count
of
possession
with
intent
to
distribute
and
election
unknowing,
and
compounded
its
to
proceed
unintelligent,
error
stand-by counsel.
by
pro
and
denying
se
that
was
the
Thompson
involuntary,
district
the
court
assistance
of
Faretta
v.
California,
422
U.S.
806,
819
intelligent.
Id.
at
835.
Courts
must
entertain
every
Brewer v.
the
and
waiver
States
v.
was
voluntary,
Gallop,
838
knowing,
F.2d
105,
intelligent.
110
(4th
Cir.
United
1988).
trial
court
must
determine
if
waiver
of
888,
890
(4th
Cir.
1978)
(citations
omitted);
see
also
of
representation).
the
dangers
and
disadvantages
of
self-
case,
upon
the
particular
facts
and
circumstances
(1938).
Our review of the record leads us to conclude that the
district court did not err in granting Thompsons request to
waive counsel and proceed pro se.
limiting
stand-by
counsels
participation
during
the
trial.
McKaskle v.
next
argues
that
the
evidence
was
feet of a school.
Glasser v.
In determining whether
in
the
light
most
favorable
to
the
government,
and
could
accept
as
adequate
and
sufficient
to
support
In
does
assumes
evaluating
the
not
the
that
review
the
jury
sufficiency
credibility
resolved
all
of
of
the
the
evidence,
witnesses
contradictions
in
this
and
the
prejudice
either
against
the
affiant
or
in
favor
of
any
The
Liteky v.
United States, 510 U.S. 540, 555 (1994); Shaw v. Martin, 733
F.2d 304, 308 (4th Cir. 1984).
Thompson did not file a motion seeking recusal of the
trial judge or the affidavit required by 144, and we conclude
that
he
has
failed
to
demonstrate
any
grounds
for
recusal
1995).
R.
Crim.
P.
16(a)(1)(E).
We
review
the
district
courts
United States v.
The record does not
Thus,
evidence,
relieved
the
and
his
failure
government
of
to
the
file
obligation
discovery
request
to
him
allow
did
not
abuse
its
discretion
in
to
The district
overruling
Thompsons
objection.
Thompsons final argument is that the district court
erred at sentencing.
hearing
offender
included
sentencing
an
extensive
range,
and
the
discussion
court
of
The
the
specifically
noted the range that would have applied if Thompson were not a
career offender.
make
presented.
an
assessment
based
on
the
facts
Cir. 2009) (quoting Gall v. United States, 552 U.S. 38, 128 S.
Ct. 586, 597 (2007)).
Moreover, the district court must state in open
court the particular reasons supporting its chosen
sentence.
18 U.S.C. 3553(c) (2006).
In doing so,
[t]he sentencing judge should set forth enough to
satisfy the appellate court that he has considered the
parties arguments and has a reasoned basis for
exercising his own legal decisionmaking authority.
Rita v. United States, 551 U.S. 338, 127 S. Ct. 2456,
2468 (2007).
Carter,
564
F.3d
without
merit.
at
The
328.
Thompsons
district
court
assertion
discussed
of
the
error
is
relevant
based
on
misinterpretation
of
the
courts
statements
in
affirm
Thompsons
conviction
and
contentions
the
we
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED