United States v. Coles, No. 11-1281 (6th Cir. 2012)
Annotate this CaseSeven times, Coles secured firearms in the U.S. and directed co-conspirators to deliver the firearms to purchasers in Canada. For the eighth sale, Coles arranged to deliver, in person on the U.S. side of the border, firearms in exchange for 50,000 tablets of Ecstasy. The buyers were actually undercover Toronto police officers. Coles was arrested by ATF agents. Coles’ continuing dissatisfaction with assigned counsel delayed the jury trial until the district court ruled that Coles waived his Sixth Amendment right to counsel. Coles was convicted of seven counts of aiding and abetting unlicensed dealing in firearms; eight counts of being a felon in possession of a firearm; one count of aiding and abetting attempted possession with intent to distribute a controlled substance; one count of carrying and using a firearm in relation to a drug trafficking crime; and one count of conspiracy. He was sentenced to180 months. The Sixth Circuit affirmed, finding no reversible error even though the court did not use the exact model inquiry set forth in the Bench Book. The court advised Coles several times about the difficulties in self-representation. An attorney was available throughout trial as stand-by counsel, and subsequent to conviction, assisted him during sentencing proceedings.
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