United States v. Sharp, No. 20-60437 (5th Cir. 2021)
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The Fifth Circuit affirmed defendant's conviction for fifteen counts related to his numerous drug trafficking and gun crimes arising out of three separate incidents. The court affirmed the denial of defendant's suppression motion and concluded that defendant has not established that the district court clearly erred in its finding that an officer pulled defendant over for a traffic stop because he abruptly swerved into his lane, nearly hitting his car.
The court also concluded that the evidence was sufficient to support defendant's convictions for drug possession with intent to distribute, drug distribution, and firearm possession in furtherance of a drug trafficking offense; the district court acted within its discretion by denying defendant's motion to sever; there was no error on the shackling issue, let alone plain error; defendant failed to show prejudice from the Confrontation Clause violation; and because defendant knowingly waived his right to counsel and then declined, after he was given multiple opportunities by the district court, to withdraw his prior waiver and reassert his right to counsel, the district court did not err by allowing him to represent himself. Finally, the court denied defendant's ineffective assistance claim without prejudice to his raising the claim on collateral review.
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