Tuesday, May 05, 2015
Ind. Decisions - 7th Circuit decides one Indiana case May 4th
In USA v. Christopher Boultinghouse (SD Ind., Young), a 33-page opinion, Judge Rovner writes:
At the conclusion of a hearing at which defendant-appellant Christopher Boultinghouse waived his right to representation by counsel, the district court found that Boultinghouse had violated multiple conditions of his supervised release, revoked that release, and ordered him to serve an additional prison term of 24 months. Boultinghouse appeals, contending that the district court did not do enough to ensure that his decision to proceed without the assistance of counsel at the revocation hearing was sufficiently informed to constitute a knowing waiver, and that the court failed to articulate reasons for the sentence it imposed when it revoked his supervised release. We conclude that the totality of the circumstances, including the district court’s colloquy with Boultinghouse regarding his decision to proceed pro se, demonstrates that his waiver of representation by counsel was a knowing and intelligent decision as well as a voluntary one. As to the sentence, however, because the court gave no reasons for the term of imprisonment it imposed, we cannot be sure that it considered the statutory sentencing factors as it was required to do; we are therefore compelled to vacate the judgment and remand for resentencing.
Posted by Marcia Oddi on May 5, 2015 11:03 AM
Posted to Ind. (7th Cir.) Decisions