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United Statesv.Jean-Daniel Perkins

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.13-13444
DecidedJune 1, 2015
Reporter787 F.3d 1329
JudgesEleventh Circuit Judges William H. Pryor Jr. and Adalberto Jordan, and District Judge Madeline Hughes Haikala, sitting by designation; Haikala authored the opinion
Tags
CriminalCriminal ProcedureEvidenceRight to CounselSentencing GuidelinesAppellate ProcedureMotion to Suppress
Case Summary

Jean-Daniel Perkins was tried in the Northern District of Georgia on a 37-count indictment arising from a credit-card and bank-fraud scheme that generated more than $4 million. After repeatedly rejecting appointed counsel, disrupting hearings, refusing to enter the courtroom, and threatening resistance, Perkins did not attend his jury trial; the district court provided live audio and video access while counsel represented him. A jury convicted him on all counts, and the district court imposed a 360-month sentence. Perkins challenged his absence from trial, competency, obstruction-of-justice and other sentencing rulings, judicial recusal, suppression rulings, and a photo-array identification. The Eleventh Circuit affirmed. The court held that Perkins’s calculated refusal to attend did not establish a violation of Federal Rule of Criminal Procedure 43 and that the record supported the district court’s conclusion that he was competent rather than unable to understand the proceedings. His deliberate disruptions, refusal to appear, and efforts to impede the case supported a two-level obstruction enhancement under U.S.S.G. § 3C1.1, and the 360-month sentence was substantively reasonable even apart from the enhancement. The district judge was not required to recuse because any frustration arose from judicial proceedings rather than an extrajudicial source, and the recusal affidavit was procedurally deficient. The court also upheld the photo-array ruling because the six-person array was not unduly suggestive and any error was harmless in light of overwhelming evidence, while other suppression challenges were waived or moot. The convictions and sentence were affirmed.

Opinion

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