United States v. Robert Martinez

NOONAN, Circuit Judge:

Robert (“Bobby”) Martinez was convicted on four counts of importing heroin into the United States in violation of 21 U.S.C. § 960(a)(1) and one count of possession with intent to distribute heroin in violation of 21 U.S.C. §§ 846 and 841(b)(l)(B)(i). He appeals from denial of his motion for a new trial. The appeal involves a question of constitutional law new in this circuit: what constitutes an effective waiver by a criminal defendant of his fundamental personal right to testify in his own behalf.

FACTS

The evidence presented by the government established that in…