United States v. Javier Martinez

MEMORANDUM

Appellant Javier Martinez appeals his convictions, following a jury trial, and the 65-year sentence imposed, for the following offenses: illegal reentry (count 1), false ' claim of U.S. citizenship with the intent to obtain a benefit or to engage in employment (counts 2 through 6), aggravated identity theft (counts 7 through 11), and alien in possession of a firearm (count 12). We AFFIRM the convictions, VACATE the sentence, and REMAND for resen-tencing.

1. The district court did not violate Martinez’s Sixth Amendment right to represent himself. A defendant’s waiver of his right to counsel must be timely, unequivocal, and not made for the purpose of delay. United States v. Arlt, 41 F.3d 516, 519 (9th Cir.1994). We review this mixed question de novo, and the underlying factual findings for clear error. United States v. Marks, 530 F.3d 799, 816 (9th Cir.2008). Martinez repeatedly stated that his request to proceed pro se was conditioned on a further delay of the trial, and despite multiple inquiries from the court, failed to give any reason for his request other than a delay of the trial. As the court noted, “[Martinez] cannot point to any legitimate thing that counsel…