United States v. Ruben Mancillas
Opinion
A jury convicted Ruben Mancillas of two counts of possessing ammunition as a felon, in violation of
I. BACKGROUND
On August 4, 2015, Mancillas and his girlfriend engaged in a heated argument in their Indianapolis home. The argument drew the attention of Mancillas’ next-door neighbor, Donna Little, when she heard gunshots. When Little looked out her back door, she observed Mancillas outside wielding a gun, and promptly called the police.
When officers from the Indianapolis Metropolitan Police Department arrived, Mancillas ran into a wooded area behind his house. After the officers detained him, the officers discovered ammunition on Mancillas’ person, near the back-door of Mancillas’ house, and in a duffel bag belonging to.Mancillas in,the wooded area behind his house. No gun was ever recovered from the search.
Mancillas was indicted on January 20, 2016, with two counts of being a felon in possession of ammunition, in violation of
Mancillas proceeded to trial with Dona-hoe as his attorney. After a two-day trial, the jury found Mancillas guilty of both counts.
On January 30, 2017, one day before Mancillas’ sentencing, the district court received a letter from Mancillas, dated January 18, 2017. In the letter, Mancillas asked the court to continue the sentencing, stating that they, meaning Mancillas and Do-nahoe, “were not prepared to proceed.” Mancillas noted that there were “viable defenses” that were not presented at trial, and that he needed more time to “have all available documented material of facts to be presented by my defense counsel at my sentencing hearing.”
At the beginning of the sentencing, the district court asked Mancillas if he had adequate time to read through the Pre-sentence Investigation Report (PSR) and go over it with Donahoe. Mancillas told the court he had not, and, referencing his letter, requested that the court continue the sentencing.
Mancillas sought to contest the PSR’s suggested application of a four-level enhancement to his base offense level for possessing ammunition in connection with the state felony offense of criminal recklessness, pursuant to U.S.S.G. § 2K2.1(b)(6)(B).
See
Mancillas then tied his request for a continuance to a request to proceed pro se:
So I won’t be able to—properly be able to defend myself today, and I’ve asked Mr. Donahoe to ask the Court to withdraw from the case. I feel he’s ineffective. He has been ineffective throughout the whole trial. He refused to call witnesses on my behalf. So he didn’t raise any viable issues.
Mancillas concluded by requesting that the court issue one final continuance in order to allow him “personally to be prepared for the sentencing hearing.”
The court immediately decided Mancil-las would not be allowed to proceed without Donahoe as counsel, stating, “In regards to relieving Mr. Donahoe of his representation, I am not going to do that, Mr. Mancillas.” The court noted that Do-nahoe was Mancillas’ third lawyer, and reiterated that Donahoe would not be allowed to withdraw.
The court then asked Donahoe to opine on Mancillas’ request to continue the sentencing in order to play the phone calls, which resulted in a return to the issue of Mancillas’ request to represent himself:
Donahoe: I don’t, think [the phone calls] help his case at all, and that’s not going to change. We could continue this for 30 days. It’s still not going to change.
So what he has expressed to me—and I don’t know if he still has this position or not—is that he wants to represent himself so that he can go down that path and play those calls for the Court.
The Court: I think I’ve hopefully indicated that I will not relieve Mr. Dona-hoe of his responsibilities. We will continue with this sentencing hearing today.
All right.
*301 Mancillas: So Your Honor, you’re denying my request to proceed pro se?
The Court: I am.
Mancillas: And you’re also denying the continuance?
The Court: I am.
As the court continued with the sentencing, the prosecutor interjected to clarify the grounds for denying Mancillas’ requests to continue the sentencing and represent himself. The court noted that “in regards to the removal of Mr. Donahoe, this is Mr. Mancillas’ third lawyer... .Mr. Donahoe’s been here for the trial. I think it would take another attorney way too long to get up to speed, have to review transcripts and such as that.”
The sentencing proceeded that day, and the court imposed a 100-month sentence.
II. DISCUSSION
A. Mancillas’ Self-Representation Request
The Sixth Amendment implicitly entails a right to self-representation.
Faretta v. California,
In order to proceed pro se, a defendant must “clearly and unequivocally” raise the right to self-representation.
See Faretta,
Moreover, a request to proceed pro se must be made in a timely fashion.
United States v. Oakey,
However, we have also recognized that defendants can waive the right to counsel and proceed pro se post-trial and at sentencing.
See United States v. Harrington,
Mancillas’ initial letter to the district court did not constitute a clear and unequivocal request for self-representation. In fact, the letter was framed as a request for a continuance, and contemplated that a continuance was necessary in order for his lawyer to present certain arguments Mancillas believed were necessary to contest a sentencing enhancement.
However, on the day of sentencing, Mancillas unequivocally raised the issue of self-representation, and his statements clearly indicated that he wished to proceed pro se. Mancillas told the court that he had “asked Mr. Donahoe ... to withdraw from the case,” and that he needed a continuance in order to be “personally” prepared for the sentencing. Donahoe elaborated on Mancillas’ statements and said that Man-cillas “wants to represent himself so that *302 he can go down that path and play those calls for the Court.”
More importantly, the district court clearly understood Mancillas’ statements as a request to proceed pro se: “In regards to relieving Mr. Donahoe of his representation, I am not going to do that, Mr. Mancillas.” When Mancillas directly asked the court to confirm it was denying his “request to proceed pro se,” the court did so, and then moved on with the sentencing.
All of these statements were more than sufficient to raise the issue of self-representation. At that point, the court should have performed a formal colloquy to address Mancillas’ request for self-representation,
See Faretta,
We have stated that in these colloquies, courts “should explore whether the defendant realizes the difficulties he will encounter in acting as his own attorney and advise the defendant that proceeding
pro se
is unwise.”
United States v. Todd,
Rather than address Mancillas’ request for self-representation, the court summarily denied it, only reminding Mancillas that Donahoe was his third attorney. When Do-nahoe, Mancillas, and the prosecutor returned to the issue of self-representation, the couirt again reaffirmed that it was denying the request without any inquiry into the matter.
Even at sentencing, where the complexities of trial and the difficult strategic choices are past, a court must respect the wishes of a defendant who unequivocally wishes to exercise his or her right to proceed pro se. This means undertaking a meaningful inquiry into a request for self-representation; summarily denying the request without any inquiry is error.
Since denial of the right to self-representation is not subject to the harmless error analysis, we must remand for resentencing.
See McKaskle v. Wiggins,
B. Mancillas’ Base Offense Level and the Indiana Crime of Strangulation
Mancillas also contends that the. Indiana crime of strangulation is not a *303 “crime of violence” for purposes of the federal Sentencing Guidelines. Mancillas’ criminal history included a 2007 Indiana state court conviction for strangulation.' The PSR recommended a base offense level of 20, rather than 14 pursuant to U.S.S.G. § 2K2.1(a)(6), on the basis that his prior strangulation conviction qualified as a crime of violence. See U.S.S.G. § 2K2.1(a)(4)(A); § 2K2.1, cmt. n.l; § 4B1.2(a).
The district court adopted the PSR’s recommended base offense level of 20; because Mancillas did not contest this before the district court, we review for plain error.
United States
v.
Tyson,
U.S.S.G. § 4Bl,2(a)(l), part of the career offender Sentencing Guidelines, defines a “crime of violence” as “any offense under federal or state law, punishable by imprisonment for a term exceeding one year, that—has as an element the use, attempted use, or threatened use of physical force against the person of another... This is commonly called the “elements clause.”
See United States v. Campbell,
The phrase “physical force” in the elements clause “means
violent
force—that is, force capable, of causing physical pain or injury to another person.”
Johnson v. United States,
We apply the categorical approach in determining whether an offense is a crime of violence under the elements clause.
Campbell,
In 2007, when Mancillas committed the offense of strangulation, the Indiana statute for strangulation stated as follows:
(b) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:
(1) applies pressure to the throat of neck of another person; or
(2) obstructs the nose or mouth of the another person;
in a manner that impedes the normal breathing or the blood circulation of the other person commits strangulation, a Class D felony.
Mancillas focuses on the second means of committing strangulation: by obstructing the nose or mouth of another. He points out that the words “force” and “bodily injury” are absent from the statute, and suggests that the mere obstruction of the nose or mouth can be accomplished in a non-violent manner. In support, Mancillas directs us to an unpublished Indiana Court of Appeals opinion which affirmed a strangulation conviction for a defendant who “held a blanket over [the victim’s] face, smothering her and causing her to have difficulty breathing for about fifteen seconds.”
Smith v. State,
No. 49A04-0712-CR-713,
The Supreme Court in
Johnson
held that physical force means violent force that is only
“capable
of causing physical pain or injury.”
Johnson,
The Indiana strangulation statute explicitly contemplates a degree of violent force in the final element of the offense. A conviction for strangulation requires proof of applying pressure to the throat or neck, or obstructing the nose or mouth,
“in a manner that impedes the normal breathing or the blood circulation”
Even the “smothering” of another’s face with a blanket in
Smith
surely required the use of physical force, as defined in
Johnson,
to cause someone to have difficulty breathing. Unsurprisingly, other circuits that have dealt with nearly identical state statutes for strangulation have found that they require violent force capable of causing physical injury or pain.
See, e.g., United States v. Farrow,
Since Indiana’s crime of strangulation “has as an element the use, attempted use, or threatened use of physical force against the person of another,” it is a “crime of violence” for purposes of the Sentencing Guidelines, and the district court did not err in setting Mancillas’ base offense level at 20 pursuant to U.S.S.G. § 2K2.1(a)(4)(A).
III. CONCLUSION
For the foregoing reasons, we reject Mancillas’ argument that Indiana’s strangulation offense is not a crime of violence under the Sentencing Guidelines. The district court applied the correct base offense level under U.S.S.G. § 2K2.1(a)(4)(A). In light of the Faretta violation, however, we VACATE the sentence and REMAND for further proceedings consistent with this opinion.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Ruben MANCILLAS, Defendant-Appellant
- Cited By
- 16 cases
- Status
- Published