Glass

MEMORANDUM

Leigh-Davis Glass appeals her conviction and sentence for two counts of making a false declaration in court proceedings, two counts of bank fraud, and one count of bankruptcy fraud. She appeals the District Court’s decision to allow her to represent herself, the application of a 12-level sentencing enhancement for the loss amount, and the imposition of restitution.

The District Court was correct in allowing Glass to exercise her right to self-representation. A criminal defendant has the right to waive representation by counsel and to represent herself. Faretta v. California, 422 U.S. 806, 807 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). Whether a defendant is competent to exercise the right to self-representation is determined by the same standard as whether a defendant is competent to stand trial. Godinez v. Moran, 509 U.S. 389, 396, 401 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993). Nonetheless, a court may deny a defendant the right to self-representation when the defendant, though competent to stand trial, suffers from a “severe mental illness.” Indiana v. Edwards, — U.S. -, 128 S.Ct. 2379, 2387-88 , 171 L.Ed.2d 345 (2008). Following Edwards , under different facts, this…