Summary Calendar UNITED STATES OF AMERICA v. Willis Maurice Irving

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-11196
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
WILLIS MAURICE IRVING
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:06-CR-111-ALL
Before GARWOOD, GARZA and OWEN, Circuit Judges.
PER CURIAM:*
Willis Maurice Irving appeals his sentence for possession of a firearm by
a felon. While he was represented by appointed counsel at sentencing, Irving
was allowed great latitude to make arguments (and have witnesses testify) on
his own behalf. Nevertheless, Irving argues that the district court erred by
denying his requests, made for the first time at the sentencing hearing, to
dismiss appointed counsel and represent himself. Because he repeatedly stated
United States Court of Appeals
Fifth Circuit
F I L E D
February 13, 2008
Charles R. Fulbruge III
Clerk

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No. 06-11196
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that he would “defend” himself but did not intend to “represent” himself, Irving’s
waiver of counsel was not sufficiently “clear and unequivocal.” Burton v. Collins,
937 F.2d 131, 133 (5th Cir. 1991).
AFFIRMED.

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