United States v. McElhiney

BRISCOE, Circuit Judge.

Defendant Michael McElhiney, appearing pro se, appeals the denial of his application for reimbursement of costs pursuant to the Criminal Justice Act (CJA), 18 U.S.C. § 3006A(d)(l). We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

In 1998, a federal grand jury indicted defendant for conspiracy to distribute and possess heroin with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C). McElhiney represented himself in three jury trials with standby counsel. The first trial resulted in a hung jury. The second trial resulted in a conviction…