United States Ninth Circuit

In this case involving whether the district court denied defendant his Sixth Amendment right to self-representation, conviction of defendant for conspiracy, money laundering, and failure to appear is affirmed but his sentence is vacated and remanded for resentencing and recalculation of restitution and forfeiture, where: 1) although the district court should have acted more promptly in granting defendant's request to appear pro se, there is no constitutional violation as the defendant was invited to refile all motions, giving him more time to prepare for trial than he would have had otherwise; 2) the district court did not fail to comply with the Speed Trial Act; and 3) in light of the government's concession that the district court improperly based the sentence, restitution, and forfeiture on a loss amount that included money laundered before the defendant joined the conspiracy, remand for resentencing and recalculation is proper.

Appellate Information

• Decided 01/22/2015
• Published 01/22/2015

Judges

• Hurwitz

Court

• United States Ninth Circuit

Counsel