United States v. Cedano-Perez
United States v. Cedano-Perez
Opinion of the Court
MEMORANDUM
Carlos Arturo Cedano-Perez appeals his conviction, pursuant to a guilty plea, and sentence for unlawful reentry of a deported alien in violation of 8 U.S.C. § 1326.
Cedano-Perez contends that the district court violated his Sixth Amendment right to proceed pro se by denying his request to represent himself. As we have said in
We have previously held that “[t]he trial court properly may deny a request for self-representation that is a momentary caprice or the result of thinking outloud” or where the “request for self-representation was an impulsive response to the trial court’s denial of his request for substitute counsel.”
Moreover, when taken together with Cedano-Perez’s earlier dismissal of his appointed counsel and the fact that the request, whatever it was for, was not made until the morning of trial, the ambiguous request was untimely because it was “a tactic to secure delay.”
Thus, the district court did not violate Cedano-Perez’s Sixth Amendment rights by requiring him to proceed with his appointed counsel present. However, we grant a remand to the district court for the limited purpose of consideration of the sentencing issues raised by United States v. Ameline,
AFFIRMED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. Meeks v. Craven, 482 F.2d 465, 468 (9th Cir. 1973).
. United States v. Arlt, 41 F.3d 516, 519 (9th Cir. 1994).
. Jackson v. Ylst, 921 F.2d 882, 888 (9th Cir. 1990).
. United States v. Arlt, 41 F.3d 516, 519 (9th Cir. 1994) (quoting United States v. Flewitt, 874 F.2d 669, 679 (9th Cir. 1989)).
. United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.