## Facts

- Theodore John Kaczynski was federally charged for a long-running bombing campaign, including counts involving transporting explosives, mailing explosive devices, and use of a destructive device during crimes of violence.
- In the capital prosecution, disputes arose between Kaczynski and counsel regarding trial strategy and the use of mental-health evidence.
- After jury selection, Kaczynski sought to represent himself; the district court denied the request as untimely and not in good faith.
- On January 22, 1998, Kaczynski pled guilty pursuant to an agreement under which the government would not seek the death penalty; he received multiple life sentences without possibility of release.
- Kaczynski later filed a pro se motion under 28 U.S.C. § 2255 to vacate his conviction and sentence, arguing his plea was involuntary due to counsel’s insistence on a mental-condition defense and the denial of self-representation.
- The district court denied § 2255 relief without an evidentiary hearing, concluding the plea was voluntary, the Faretta request was untimely/manipulative, and the existing record conclusively foreclosed relief.

## Issues

1. Whether Kaczynski’s guilty plea was involuntary because counsel pursued a mental-condition defense over his objection and the court denied his request for self-representation.
2. Whether the district court properly denied Kaczynski’s Faretta request as untimely and not made in good faith.
3. Whether § 2255 required an evidentiary hearing on Kaczynski’s claims.

## Decision

- The Ninth Circuit affirmed the denial of § 2255 relief.
- The court held the plea was voluntary and intelligent based on the plea agreement and the Rule 11 colloquy.
- The court held the denial of self-representation was proper because the request came after jury selection and the record supported a finding of delay or disruption.
- The court held no evidentiary hearing was required because the motion, files, and record conclusively showed Kaczynski was entitled to no relief.

## Legal Principles

- A guilty plea is not rendered involuntary merely because the defendant disagrees with counsel over trial tactics; strategic decisions, including whether to present limited mental-condition evidence, generally remain within counsel’s control.
- A Faretta request may be denied when it is untimely (e.g., made after substantial trial proceedings have begun) and the record supports a finding that it is not made in good faith or is intended to delay or disrupt.
- A district court may deny a § 2255 motion without an evidentiary hearing when the motion and the case record conclusively show the prisoner is not entitled to relief.

## Conclusion

The Ninth Circuit left Kaczynski’s guilty plea and life sentences intact, concluding that the plea was voluntary despite strategic conflict with counsel, the late-stage self-representation request was properly rejected, and the existing record justified denying § 2255 relief without a hearing.


United States v. Kaczynski, 239 F.3d 1108 (9th Cir. 2001)