United States Fifth Circuit

A conviction for conspiracy to possess with intent to distribute and possession with intent to distribute cocaine is affirmed as to the conviction where defendant waived his challenge to a denial of a motion to suppress evidence. However, the sentence is vacated and remanded for re-sentencing after a Faretta hearing where the district court erred by denying his pre-sentencing motion to proceed pro se without holding a hearing.

Appellate Information

• Decided 03/10/2008
• Published 03/10/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Delonia Anita Watson, Fort Worth, TX, for U.S., Aaron Ray Clements, Hurley, Reyes & Guinn, Lubbock, TX, for Lucero Cano.