UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
JAMES A. BOHN, DEFENDANT-APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A guilty plea waives claims of Speedy Trial Act violations and denial of counsel at critical stages prior to the plea.
Defendant was convicted of tax evasion, appealed, and on remand pled guilty to lesser charges. He appealed again, raising Speedy Trial Act and assista…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Waiver Of Rights By Guilty Plea cases and more on FLexlaw
PER CURIAM:
James A. Bohn appeals pro se his conviction, following a guilty plea, to three counts of willful failure to pay income tax, in violation of 26 U.S.C. § 7203. Bohn challenges his conviction based upon a violation of the Speedy Trial Act, 18 U.S.C. § 3161(e), and denial of assistance of counsel at a critical stage of the proceeding. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Bohn was initially charged with three counts of attempted income tax evasion in violation of 26 U.S.C. § 7201. A jury trial resulted in conviction on all three counts. Bohn appealed his conviction to this court and we reversed and remanded. United States v. Bohn, 890 F. 2d 1079 (9th Cir.1989). On remand, Bohn pled guilty to three counts of willful failure to pay income tax and was sentenced. Bohn appealed.
By pleading guilty, Bohn waived his right to assert a violation of the Speedy Trial Act. See United States v. Broncheau, 597 F. 2d 1260, 1262 n. 1 (9th Cir.), cert. denied, 444 U.S. 859, 100 S.Ct. 123, 62 L.Ed.2d 80 (1979). A defendant’s guilty plea waives all nonjurisdictional defect claims. See id. The right to a speedy trial under the Speedy Trial Act is nonjurisdic-tional. See United States v. Yunis, 723 F. 2d 795, 796 (11th Cir.1984); Lebowitz v. United States, 877 F. 2d 207, 209 (2d Cir.1989).
Next, Bohn contends that he was denied the right to assistance of counsel at an in camera hearing to determine the validity of his claim raised in connection with his income tax violations. Bohn’s guilty plea waived any such alleged constitutional claim. See United States v. Caperell, 938 F. 2d 975, 977 (9th Cir.1991) (a guilty plea generally waives all claims of a constitutional nature occurring before the plea).
In his reply brief, Bohn argues for the first time that he was also denied assistance of counsel at the change of plea hearing. Although we ordinarily decline to consider arguments raised for the first time in a reply brief, we may consider them if, as here, the appellee raised the issue in its brief. See Eberle v. City of Anaheim, 901 F. 2d 814, 818 (9th Cir.1990).
“Under Fed.R.Civ.P. 11(c)(2) a district court is not to accept a guilty plea until it is satisfied that the defendant understands that [he] has a right to counsel at every stage of the proceeding.” United States v. Fuller, 941 F. 2d 993, 995 (9th Cir.1991). We are satisfied that the district court discharged its duty in this regard. The record shows that Bohn waived his right to assistance of counsel by voluntarily choosing to represent himself at the change of plea hearing after the court warned him about the dangers and disadvantages of proceeding pro se. See id. Thus, this claim is also meritless.
AFFIRMED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Melancon, 972 F.2d 566 (5th Cir. 1992)
-
United States v. Bell, 966 F.2d 914 (5th Cir. 1992)
-
N.H. Indem. Co. v. Scott, 407 F. Supp. 2d 1142 (M.D. Fla. 2012)…failing to appear at petitioner’s arraignments. However, by subsequently pleading guilty, petitioner has waived this pre-plea claim. Tollett v. Henderson, 411 U.S. 258, 267, 93 S.Ct. 1602, 1608, 36 L.Ed.2d 235 (1973); see also United States v. Bohn, 956 F.2d 208, 209 (9th Cir.1992) (per curiam) (defendant waived ineffective assistance of counsel *1153claim regarding pre-plea hearing when he subsequently pleaded guilty). Defense counsel has a “duty to make reasonable investigations or to make a reasonable d…
Authorities Cited
- United States v. Broncheau, 597 F.2d 1260 (9th Cir. 1979)
- Marquez-Marquez v. United States, 444 U.S. 859 (U.S. 1979)
- Woodson v. United States, 444 U.S. 859 (U.S. 1979)
- United States v. Hernando Yunis, 723 F.2d 795 (11th Cir. 1984)
- Eberle v. City OF Anaheim, 901 F.2d 814 (9th Cir. 1990)
- United States v. Caperell, 938 F.2d 975 (9th Cir. 1991)
- United States v. Bohn, 890 F.2d 1079 (9th Cir. 1989)
- Lebowitz v. United States, 877 F.2d 207 (2d Cir. 1989)
- United States v. Felicitas N. Fuller, 941 F.2d 993 (9th Cir. 1991)