U.S. v. HODGES

No. 05-60138.

460 F.3d 646 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Lewis HODGES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 11, 2006.


Attorney(s) appearing for the Case

Richard Terrell Starrett (argued) and Jack Brooks Lacy, Jr., Asst. U.S. Attys., Jackson, MS, for U.S.

Omodare B. Jupiter (argued), Samuel Dennis Joiner, Fed. Pub. Def., Jackson, MS, for Hodges.

Before JOLLY, PRADO and OWEN, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

This appeal requires us to decide, for the first time, what requirements must be satisfied for a person on supervised release to waive his right to counsel in a revocation proceeding under Federal Rule of Criminal Procedure 32.1(b)(2). Following the First and Seventh Circuits, we hold that, although the waiver need not meet the formal requirements required by the Sixth Amendment, the waiver must be knowing and voluntary as demonstrated...

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