083678P.pdf   03/05/2010  United States  v.  Burl Washington
   U.S. Court of Appeals Case No:  08-3678
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Shepherd, Author, with Chief Judge Loken and
   Wollman, Circuit Judges]
   Criminal Case - conviction. Record was sufficient to establish
   Washington's waiver of right to counsel at trial was knowing, voluntary,
   and intelligent; his request to proceed pro se was clear and unequivocal;
   court was not required to deny request because it was untimely and for an
   improper purpose; and competency was not an issue; Thus, defendant's
   Sixth Amendment right was not violated. Evidence was sufficient to
   support the death resulted from the use of Fentanyl and Oxycodone
   distributed by Washington. No error in convicting for two distributions
   that resulted in one death. No plain error in admitting evidence of prior
   distribution. No plain error in submitting jury instruction alleged to be
   logically inconsistent.