United States v. Eldon Philip Anderson

Filing

PER CURIAM OPINION FILED - THE COURT: Roger L. Wollman, Morris S. Arnold and Raymond W. Gruender (UNPUBLISHED) [4451224] [16-2251]

United States Court of Appeals
For the Eighth Circuit
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No. 16-2251
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United States of America
lllllllllllllllllllll Plaintiff - Appellee
v.
Eldon Philip Anderson
lllllllllllllllllllll Defendant - Appellant
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Appeal from United States District Court
for the District of Minnesota - St. Paul
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Submitted: September 20, 2016
Filed: September 23, 2016
[Unpublished]
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Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.
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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.
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Appellate Case: 16-2251

Page: 2

Date Filed: 09/23/2016 Entry ID: 4451224