141249P.pdf   05/29/2015  United States  v.  Christopher Kelley
   U.S. Court of Appeals Case No:  14-1249
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Riley, Author, with Smith and Kelly, Circuit Judges] 
   Criminal case - Criminal law. For the court's prior opinion see United 
   States v. Kelley, 774 F.3d 434 (8th Cir. 2014). Considering the totality 
   of the circumstances, the district court did not err in finding that 
   Kelley's request to proceed pro se was neither timely nor unequivocal; the 
   district court did not err in declining to convene a Faretta hearing. 
  
141249P.pdf   12/16/2014  United States  v.  Christopher Kelley
   U.S. Court of Appeals Case No:  14-1249
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Riley, Author, with Smith and Kelly, Circuit Judges] 
   Criminal case - Criminal law. Defendant did not contest the magistrate 
   judge's denial of his motion for substitute counsel by filing an objection 
   with the district court and he waived the issue for appeal; even if the 
   court were to excuse defendant's waiver and review the decision, his 
   complaints about his appointed counsel did not rise to the level of 
   justifiable dissatisfaction, and the magistrate judge did not err in 
   denying the motion; the district court did not err in denying defendant's 
   day-of-trial motion for substitution of counsel; with respect to 
   defendant's claim that the district court erred in denying his request to 
   proceed pro se, it is not clear whether the district court found the 
   request unclear and equivocal or untimely or obstructionist or if the 
   court found defendant could not produce a valid waiver of his right to 
   counsel, and the matter is remanded to permit the district court to 
   clarify its ruling.