United States v. McElhiney

HENRY, Circuit Judge.

Michael P. McElhiney was indicted by a federal grand jury of conspiracy to distribute and possess heroin with the intent to distribute it, a violation of 21 U.S.C. §§ 846 and 841(b)(1)(C). The conspiracy charge was based on Mr. McElhiney’s alleged involvement in a drug smuggling operation in the Leavenworth, Kansas federal penitentiary between January and September 1995. In July 1999, a jury trial was held, during which Mr. McElhiney represented himself with the assistance of standby counsel. The result of the trial was a hung jury: ten to two in favor of conviction. A…