United States v. James M. Foster, M.D.

WISDOM, Circuit Judge:

This appeal involves the question whether the defendant understood his right to have counsel appointed to represent him at trial and voluntarily and knowingly waived his right.

In February 1987 a grand jury returned a six-count mail fraud indictment against James M. Foster, M.D., an anesthesiologist, charging him with filing false medicare claims for anesthesia services on 27 eye operations between October 17, 1983 and November 9, 1983. The United States charges that he performed no services during the operations. Dr. Foster, represented by counsel, entered a not guilty…