United States v. Benjamin McChesney

MEMORANDUM

Benjamin McChesney was convicted of theft of firearms from a licensed dealer, 18 U.S.C. § 924 (m), theft of firearms in interstate commerce, 18 U.S.C. § 924 (i), and possession of a stolen firearm, 18 U.S.C. § 922©. We have jurisdiction over his appeal of the convictions and resulting sentences under 28 U.S.C. § 1291 . We reject McChesney’s numerous claims of pre-trial and trial error. However, because we conclude that an evidentiary hearing on McChesney’s new trial motion is required, we vacate the judgment and remand for further proceedings.

1. McChesney represented himself until the jury returned its verdict. As the district court repeatedly warned McChesney before granting his motion to proceed pro per, pretrial incarceration inevitably affected his trial preparation. But, contrary to McChesney’s arguments, he was riot denied the right to meaningful self-representation. See United States v. Farias, 618 F.3d 1049, 1053 (9th Cir.2010) (explaining that a defendant has the right to represent himself “meaningfully”). McChesney was provided “access to law books ... or other tools to assist him in preparing a defense,” Bribiesca v. Galaza, 215 F.3d 1015, 1020 (9th…