United States v. Dewberry, No. 17-1649 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit joined the majority of circuits and held that a potential violation of the right to proceed pro se does not, in and of itself, render a plea involuntary. Defendant pleaded guilty to being a felon in possession of a firearm and then appealed, challenging the denial of his Sixth Amendment right to self-representation. The court held that defendant waived his right to bring his Sixth Amendment claim where the district court complied with Federal Rule of Criminal Procedure 11 and defendant's plea was knowing and voluntary. In this case, although the district court may have violated defendant's right to self-representation, he was barred from bringing his appeal on this record.
Court Description: Grasz, Author, with Gruender and Kelly, Circuit Judges] Criminal Case - Self representation. After Dewberry pleaded guilty to being a felon in possession of a firearm in a plea agreement with a binding 60-month sentence, pursuant to Fed. R. Crim P. 11(c)(1)(C), and an appeal waiver, Dewberry argues he was denied his Sixth Amendment right to proceed pro se. The district court appointed counsel over Dewberry's objection. The Sixth Amendment right to represent oneself is the type of right that is waived by a voluntary and intelligent guilty plea. Following the majority of circuits, we hold a potential violation of the right to proceed pro se does not, in and of itself, render a plea involuntary. The district court complied with Rule 11 and record supports that the plea was knowing and voluntary. Although the district court may have violated his right to self-representation, he is barred from bringing this appeal. Judge Kelly concurs in the judgment.
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