U.S. v. Balsiger

In prosecution on wire fraud charges arising out of scheme to defraud manufacturers that issue coupons for consumer products at trial in which defendant represented himself with stand-by counsel, Dist. Ct. did not err in denying defendant’s request for 18-month continuance of trial and for govt. to remove lis pendens on his home in order to retain counsel of his choice. No counsel entered appearance on behalf of defendant after his original counsel had died, and Dist. Ct. could look to fact that case had been pending for seven years, and that other co-defendants made requests to proceed to trial to deny instant continuance request. Also, Dist Ct. indicated that it would consider shorter continuance request if substitute counsel had entered appearance on behalf of defendant. Moreover, Dist. Ct.’s refusal to remove lis pendens did not violate defendant’s right to counsel, since record showed that defendant had access to assets to retain counsel where he actually sold his home for $1.5 million eight months prior to scheduled start of trial. Too, Dist. Ct. could properly conclude that defendant had waived right to counsel by failing to retain substitute counsel, where: (1) Dist. Ct. had conducted multiple hearings in which defendant made representations about retaining new counsel and concluded that defendant had engaged in deliberate delay; (2) Dist. Ct.’s allowance of eight months for any new counsel to prepare for scheduled trial was sufficient; and (3) while Dist. Ct. did not provide defendant with formal inquiry to explain ramifications for proceeding pro se, record showed that defendant had articulated that he appreciated difficulties of proceeding pro se and told Dist. Ct. that he was making calculated decision to proceed with stand-by counsel so that he could raise right to counsel issue on appeal.