111529P.pdf   07/18/2012  United States  v.  Fernando Sanchez-Garcia
   U.S. Court of Appeals Case No:  11-1529
                          and No:  11-2113
   U.S. District Court for the Western District of Arkansas - Ft. Smith   
   [PUBLISHED] [Colloton, Author, with Smith and Gruender, Circuit Judges]
   Criminal case - Criminal law. Under the circumstances, and in light of
   the advice that the district court gave defendant Bunch before the trial
   commenced, the district court did not err in finding Bunch knowingly and
   intelligently waived his right to counsel; district court did not err in
   denying a mistrial after two witnesses made comments regarding
   defendant Sanchez-Garcia's immigration status as the first comment was
   unsolicited and the second comment was promptly addressed by the
   district court's action in striking the testimony; prosecutor's comments
   during closing were not an improper appeal to the jury to act as the
   conscience of the community; joint trial did not prejudice Sanchez-
   Garcia; under the circumstances, the court did not abuse its discretion by
   admitting a tape of a jailhouse phone call which was not disclosed to
   Sanchez-Garcia until three days before trial; claim of ineffective
   assistance of counsel would not be addressed.