United States v. Johnson, No. 19-2418 (6th Cir. 2022)
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Johnson was convicted of unlawful imprisonment, assault of a domestic partner by strangulation and suffocation, interstate domestic violence, witness tampering, and assault, 18 U.S.C. 13, 113(a)(8), 113(a)(4), 2261(a), 1512(b). Based on his criminal history, he was sentenced to 864 months’ imprisonment.
The Sixth Circuit reversed. Johnson did not knowingly, intelligently, and voluntarily waive his right to counsel. The district court erred in allowing Johnson to proceed pro se. During the hearing on defense counsel’s motion to withdraw, the court asked Johnson if he understood the ramifications of his decision to represent himself without knowledge of the law but a review of the record indicates that the court’s questions did not reflect that the requirements of the Bench Book were met. The judge commented that he had already asked the “taxpayers to pay for two of the finest lawyers in the district to represent [him].” Instead of confirming that Johnson knew the maximum potential sentences, as required by the model inquiry, the court downplayed his potential sentence. Stemming from that error, the court likewise should have directed Johnson’s counsel to file subpoenas and witness lists on Johnson’s behalf. The district court did not adequately apply the section 3553(a) factors when determining Johnson's sentence. The court ordered assignment to a different judge on remand.
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