United States v. Fernando Sanchez-Garcia, 685 F.3d 745

Bunch and Sanchez-Garcia were convicted by a jury of conspiracy to possess with intent to distribute 500 grams+ methamphetamine; Bunch also faced three distribution counts.
Fort Smith, Arkansas, search yielded Bunch, Hall, and Sanchez-Garcia with cash, phones, scales, and meth; Sanchez-Garcia attempted to flush meth.
Government conducted three controlled purchases showing Bunch supplied, directed, and coordinated distribution.
Grand jury charged Bunch, Sanchez-Garcia, Hall, Crutchfield, and McConnell; Hall/Crutchfield/McConnell pleaded and agreed to testify.
Trial included extensive drug-distribution evidence, recordings, and jail-telephone recording; Bunch got life in prison for conspiracy and 20-year terms for distributions; Sanchez-Garcia received 324 months.
Bunch, without counsel, proceeded to trial after his retained attorney withdrew; district court offered appointed counsel or pro se, and warned of dangers; Bunch refused to answer; standby counsel available; court treated as waiver of counsel through conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bunch knowingly and intelligently waived right to counsel	Bunch did not knowingly waive; conflicting options and confusion.	Waiver shown by conduct after warnings; repeatedly refused options, opting for self-representation.	Bunch knowingly and intelligently waived the right to counsel.
Whether Sanchez-Garcia was entitled to a mistrial over immigration-status remarks	Mistrial warranted due to improper remarks by a witness.	Many remarks were not objected to promptly; statements cured; not outcome-determinative.	Not an abuse of discretion; mistrial denied.
Whether to sever the trials for Bunch and Sanchez-Garcia under Rule 14	Severance required due to prejudicial effects of joint trial.	No sufficient prejudice; jury instructed to consider evidence separately.	Joint trial proper; no reversible error.
Whether Rule 16 disclosure was violated by failure to timely disclose the jail-call recording	Discovery violation due to late disclosure.	No Rule 16 violation; no defense request; timely disclosure occurred.	No abuse; recording admitted.
Whether Sanchez-Garcia's ineffective assistance of counsel claim may be addressed on direct appeal	Counsel's performance merits direct review.	Claim belongs in collateral proceedings, not direct appeal.	Ineffective-assistance claim not addressed on direct appeal.

United States v. Hoskins, 243 F.3d 407 (7th Cir. 2001) (waiver of counsel by conduct after warning of options)
King v. Bobby, 433 F.3d 492 (6th Cir. 2006) (waiver by choosing self-representation after refusal of counsel)
United States v. Irorere, 228 F.3d 816 (7th Cir. 2000) (conduct-based waiver of right to counsel after options presented)
United States v. Plante, 472 F.2d 829 (1st Cir. 1973) (governs scope of voir dire on waiver of counsel; details on admissibility of prior convictions)
United States v. Sherman, 440 F.3d 982 (8th Cir. 2006) (reaffirmed prompt curative actions and standard for ruling on mistrial due to witness comment)
United States v. New, 491 F.3d 369 (8th Cir. 2007) (plain-error review for prosecutorial comments in closing)
United States v. Lewis, 547 F.2d 1030 (5th Cir. 1976) (conscience-of-the-community argument not per se improper when tied to impact of crime)
United States v. Johnson, 968 F.2d 768 (8th Cir. 1992) (limits on inflammatory appeals and community rhetoric)
United States v. Davis, 534 F.3d 903 (8th Cir. 2008) (standards for evaluating joint-trial prejudice and severance)
Zafiro v. United States, 506 U.S. 534 (1993) (framework for evaluating prejudice in joint trials)
Faretta v. California, 422 U.S. 806 (1975) (right to self-representation requires knowing, intelligent waiver; dangers explained)
Meyer v. Sargent, 854 F.2d 1110 (7th Cir. 1988) (waiver and manipulation arguments in self-representation context)