United States v. Graves (856 F.3d 567, 2017)

PER CURIAM.

After a lengthy trial at which Keith A. Graves represented himself with the help of stand-by counsel, a jury convicted Graves of five counts of sex trafficking by force or coercion and two counts of possession and distribution of methamphetamine. See 18 U.S.C. §§ 1591(a), (b)(1); 21 U.S.C. §§ 841(a)(1), 844(a). The jury acquitted Graves of four sex trafficking offenses. The district court sentenced him to 405 months in prison. On appeal, represented by stand-by trial counsel, Graves argues he was denied a fair trial when the government produced voluminous discovery in a manner Graves could not effectively access while in pretrial detention and use at trial, and the district court denied his request for a continuance made on the morning his long-delayed trial was scheduled to begin. We affirm.

At his arraignment on a superseding indictment, Graves told the magistrate judge that he wanted to represent himself because appointed counsel, an assistant federal public defender, was “working together” with the prosecutor to violate “my constitutional rights to a speedy trial.” On May 18, 2015, the district court held a hearing on counsel’s motion to withdraw. The court gave Graves a lengthy warning about the dangers of self-representation; Graves again said he wanted to represent himself. Finding that he was mentally competent and made a knowing and voluntary waiver of his right to counsel, the court allowed him to proceed pro se and appointed stand-by counsel.

At this hearing, the court asked if Graves had access to the government’s discovery. The prosecutor advised that extensive discovery had been provided on twenty-two disks pursuant to a stipulated discovery order. Graves complained that he did not have access to electronic discovery at the detention facility in Rugby and no access to FBI interview reports. The court directed the U.S. Marshals Service to ensure there was a room with a computer at the Rugby facility where Graves could look at the discovery “more than an hour a day.” Graves said, “I’ll look at everything every day until I go to trial,” and said he would be ready for a mid-July trial.

At a June 23, 2015 status conference, the prosecutor assured the court,