United States v. Mark Forrester

FACTS, PRIOR PROCEEDINGS, AND

JURISDICTION

Law enforcement authorities conducted a lengthy investiga- tion into an elaborate conspiracy to manufacture ecstasy. 310 UNITED STATES v. FORRESTER Investigators tracked the conspiracy for over a year using an array of surveillance techniques. They traced chemical pur- chases, used confidential informants to infiltrate the opera- tion, followed Forrester to Stockholm where he met with chemists, and discovered a clandestine laboratory in Escon- dido, California. Agents raided the lab and seized large vol- umes of ecstasy and precursor chemicals.

In October 2001, Forrester and his codefendants were charged with conspiracy to manufacture and distribute ecstasy. On October 23, 2002, the district court held a Faretta hearing to determine whether Forrester was competent to rep- resent himself. The judge found that he was but, during the hearing, the district judge misinformed Forrester that he was facing a sentence of 10-years-to-life, when he was actually facing a sentence of 0-to-20 years. Forrester represented him- self from that point in the proceedings until his initial appeal.

On July 3, 2003, the government approached…