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United States v. Long

Appellant was not denied his constitutional right to represent himself because he did not timely, clearly and unequivocally assert it. Any attempts to assert that right were waived by his own obstructionist behavior combined with his negative answer to the district court's inquiry whether he desired to represent himself. Appellant waived his rights under the Speedy Trial Act because he failed to properly put the issue before the trial court. 5th U.S. Circuit Court of Appeals, No. 09-10003, 02-19-2010

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Before GARWOOD, WIENER, and BENAVIDES, Circuit Judges.

The government charged James Michael Long with four counts of wilfully failing to file income tax returns, contrary to 26 U.S.C. § 7203. After a trial on the merits, the jury found Long guilty of all four counts. Long, represented on appeal by the Federal Public Defender’s Office, appeals on two grounds. First, Long contends that the district court wrongfully denied him his right to represent himself. See Faretta v. California, 95 S.Ct. 2525, 2532 (1975). Second, he contends that the trial court erred in denying his pro se motion to dismiss based on the Speedy Trial Act. See 18 U.S.C. § 3161(c)(1). We affirm the district court for the reasons stated below.

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