United States v. Hearn ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 14, 2006
Charles R. Fulbruge III
Clerk
No. 05-51083
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHARLES RAY HEARN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:05-CR-11-ALL
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges
PER CURIAM:*
Charles Ray Hearn appeals his convictions for conspiracy to
manufacture, distribute, and possess with intent to distribute a
controlled substance; manufacture of a controlled substance; and
possession of equipment, chemicals, products, and materials used
to manufacture methamphetamine. He argues that the district
court erred in allowing him to represent himself during a portion
of the trial without first ensuring that he knowingly and
intelligently waived the right to counsel.
*
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this opinion should not be published and is not precedent except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. 05-51083
-2-
Our de novo review of the record establishes that the
district court sufficiently cautioned Hearn regarding the perils
of self-representation such that he “[knew] what he [was] doing
and his choice [was] made with eyes open.” United States v.
Jones, 421 F.3d 359, 363 (5th Cir. 2005); United States v. Davis,
269 F.3d 514, 518 (5th Cir. 2001) (internal quotation marks and
citation omitted). The district court fully adhered to the
recommended inquiry set forth in the Benchbook for U.S. District
Court Judges before finding that Hearn’s waiver of his Sixth
Amendment right to counsel was knowing and voluntary, and the
record does not establish that any further admonition was
warranted based on the circumstances of Hearn’s case. See Jones,
421 F.3d at 363-64 & n.3; Davis, 269 F.3d at 519.
AFFIRMED.