632 F.3d 60
2d Cir.2011Background
- Weingarten was convicted by jury on two counts of transportation of a minor with intent to engage in criminal sexual activity (18 U.S.C. § 2423(a)) and three counts of travel with intent to engage in illicit sexual conduct (18 U.S.C. § 2423(b)).
- He was sentenced to a total of 30 years’ imprisonment and three years’ supervised release in the Eastern District of New York.
- The Second Circuit issued a summary order affirming some counts, but reversing Count Three due to an interpretation issue with § 2423(b)’s travel in foreign commerce requirement.
- Weingarten challenged the denial of his request to relieve counsel and his request for a continuance to obtain new counsel, arguing improper coercion into self-representation.
- The district court conducted a thorough inquiry, determined the waiver of counsel was knowing and intelligent, and denied hybrid representation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of counsel knowingly voluntary? | Weingarten asserts waiver was not knowing or voluntary. | Weingarten contends district court coerced waiver by denying new counsel and continuance. | Waiver found knowing and voluntary. |
| Allowance of hybrid representation abuse of discretion? | Weingarten argues district court erred by not allowing hybrid representation. | District court acted within its discretion to limit representation and prevent delay. | District court did not abuse discretion. |
Key Cases Cited
- United States v. Oberoi, 547 F.3d 436 (2d Cir. 2008) (on waiver and counsel replacement decisions; coherence with Faretta principles)
- United States v. Schmidt, 105 F.3d 82 (2d Cir. 1997) (on when waiver of counsel is knowing and intelligent)
- United States v. Carreto, 583 F.3d 152 (2d Cir. 2009) (factors for evaluating counsel-relief requests on eve of trial)
- United States v. Pascarella, 84 F.3d 61 (2d Cir. 1996) (emphasizes delay concerns in appointing new counsel near trial)
- United States v. Rosenthal, 470 F.2d 837 (2d Cir. 1972) (delay and continuance considerations in counsel decisions)
- Sims v. Blot, 534 F.3d 117 (2d Cir. 2008) (range of permissible decisions on counsel and hybrid representation)
- Wilson v. Walker, 204 F.3d 33 (2d Cir. 2000) (defendant not deemed to equivocate when asserting counsel requests)