United States v. Eldon Philip Anderson


PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Raymond W. Gruender (UNPUBLISHED) [4451224] [16-2251]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-2251 ___________________________ United States of America lllllllllllllllllllll Plaintiff - Appellee v. Eldon Philip Anderson lllllllllllllllllllll Defendant - Appellant ____________ Appeal from United States District Court for the District of Minnesota - St. Paul ____________ Submitted: September 20, 2016 Filed: September 23, 2016 [Unpublished] ____________ Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges. ____________ PER CURIAM. Eldon Philip Anderson appeals following the district court’s1 revocation of his supervised release and imposition of a 6-month sentence. Mr. Anderson’s sole 1 The Honorable Richard H. Kyle, United States District Judge for the District of Minnesota. Appellate Case: 16-2251 Page: 1 Date Filed: 09/23/2016 Entry ID: 4451224 argument on appeal is that the district court committed a Sixth Amendment error by permitting him to waive his fundamental right to counsel without giving him the warnings required by Faretta v. California, 422 U.S. 806 (1975). We disagree. The Sixth Amendment does not apply here. See United States v. Boultinghouse, 784 F.3d 1163, 1171 (7th Cir. 2015) (Sixth Amendment, which grants defendant right to assistance of counsel at all critical stages of criminal proceeding, does not apply in hearing convened to decide if supervised release should be revoked). Further, we find that the district court did not abuse its discretion in accepting Mr. Anderson’s waiver of his right to counsel in the revocation proceeding, as the totality of the circumstances reflect that he made a knowing and voluntary choice to proceed on his own. See id. at 1171-72. The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ -2- Appellate Case: 16-2251 Page: 2 Date Filed: 09/23/2016 Entry ID: 4451224

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