United States v. Archie Cabello

MEMORANDUM

Appellant Archie Cabello appeals his convictions of conspiracy to defraud the United States; possession of stolen bank funds; making false statements on credit applications; making and subscribing a false income tax return; and money laundering conspiracy. He claims that he did not validly waive his right to counsel and that the district court erred in denying his motions to withdraw his guilty plea. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Cabello’s waiver of his right to counsel was knowing and intelligent. See Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). Although the district court’s September 17, 2012, Faret-ta hearing was not comprehensive, the record demonstrates that by the time Cabello waived his right to counsel on November 15, 2012, after pleading guilty, he understood “1) the nature of the charges against him, 2) the possible penalties, and 3) the dangers and disadvantages of self-representation.” United States v. Forrester, 512 F.3d 500, 506 (9th Cir.2008) (quoting United States y. Erskine, 355 F.3d 1161, 1167 (9th Cir.2004) (internal quotation marks omitted); see also United States v. Balough,…