United States v. Brett Depue

MEMORANDUM

Brett Depue appeals his convictions for conspiracy to commit bank fraud, mail fraud, and wire fraud pursuant to 18 U.S.C. § 1349 , and wire fraud and aiding and abetting pursuant to 18 U.S.C. §§ 2 , 1343. Because Depue’s waiver of his right to counsel did not comport with the standards established in Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), we vacate the convictions and remand. Because the issues are likely to recur on retrial, we reach and reject De-pue’s challenges to the district court’s evi-dentiary rulings.

I. Depue’s Waiver of Counsel

For a criminal defendant’s assertion of the right to self-representation to be valid, the accused generally must understand: “(1) the nature of the charges against him; (2) the possible penalties; and (3) the dangers and disadvantages of self-representation.” United States v. Lopez-Osuna, 242 F.3d 1191, 1199 (9th Cir.2000) (quoting United States v. Hernandez, 203 F.3d 614, 623-24 (9th Cir.2000)). The government bears a heavy burden in establishing that the defendant’s waiver was valid, because we “indulge in every reasonable presumption against waiver.” United States v. Arlt, 41 F.3d 516, 520…