United States DC Circuit

Defendant's mail and wire fraud convictions are affirmed where: 1) the district court's findings that defendant's decision to represent himself (with standby counsel) was knowing and voluntary met the criteria in Faretta v. California, 422 U.S. 806 (1975), for determining when a defendant may exercise his constitutional right to forgo his right to counsel; and 2) defendant failed to show a likelihood that the constructive amendment of the indictment affected the verdict or seriously affected the fairness, integrity, or public reputation of judicial proceedings. However, based on the government's concession, defendant's sentence is vacated and remanded.

Appellate Information

• Argued 01/14/2010
• Decided 07/02/2010
• Published 07/02/2010

Judges

• Judith Rogers

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa B. Wright, Suzanne G. Curt