U.S. v. Mancillas

Dist. Ct. erred in proceeding with sentencing hearing on charges of possession of ammunition by felon, where, on day of sentencing hearing, defendant had made request to represent himself at said hearing, and where Dist. Ct. summarily denied said request. Defendant disputed proposed enhancement that he had fired handgun during incident that led to his arrest, and defendant made combined request to have his appointed counsel withdraw from case and for continuance so that he could personally be prepared for sentencing hearing. Dist. Ct. could not summarily deny defendant’s request, where: (1) request clearly indicated that defendant wished to proceed pro se; (2) Dist. Ct. confirmed to defendant that it was denying instant request to proceed pro se; and (3) Dist. Ct. failed to give defendant required Faretta (422 U.S. 806) colloquy to address his request for self-representation. Dist. Ct., though, did not err in finding that defendant’s prior Indiana conviction on crime of strangulation qualified as crime of violence for purposes of federal sentencing guidelines.