United States Fifth Circuit

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), the waiver need not meet the formal requirements required by the Sixth Amendment, but the waiver must be knowing and voluntary as demonstrated either through a colloquy with the district court, or by the totality of the circumstances, or both.

Appellate Information

• Decided 08/11/2006
• Published 08/11/2006

Judges

• E. GRADY JOLLY, Circuit Judge:, Before JOLLY, PRADO and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• 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.