United States v. Dorise ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 17, 2006
Charles R. Fulbruge III
Clerk
No. 04-41472
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
MIKHAEL CHARLES DORISE,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 3:02-CR-10-ALL
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Before JONES, Chief Judge, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Mikhael Charles Dorise was charged with bank robbery, use of
a firearm during and in relation to a crime of violence, and
being a felon in possession of a firearm. Dorise waived his
right to counsel and proceeded to trial pro se. A jury convicted
Dorise on all three counts. Dorise was sentenced to 411 months
of imprisonment, five years of supervised release, $199 in
restitution, and a $300 special assessment. Represented by
appointed counsel, Dorise now appeals.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-41472
-2-
Dorise’s sole issue on appeal is whether he was competent to
waive his right to counsel. At the hearing on Dorise’s motion
for self-representation, Dorise responded appropriately and
coherently to all of the magistrate judge’s questions. The
record reflects that Dorise had a good understanding of the
proceedings against him. The magistrate judge did not err in
finding that Dorise knowingly and willingly waived his right to
counsel. See Dusky v. United States, 362 U.S. 402, 402 (1960);
Dunn v. Johnson, 162 F.3d 302, 307-08 (5th Cir. 1998).
AFFIRMED.