United States v. Robert R. Yamashita

1. Appellant was not deprived of his right to counsel. After repeated extensions of the trial date to allow appellant to retain counsel, and after a final warning that trial would commence two weeks later, appellant appeared without counsel, announcing that he wished to represent himself. The only explanation offered by appellant for his failure to secure counsel was that the particular lawyer he wished to retain was otherwise committed at the time set for trial. Appellant had been warned that the trial would not be further delayed and he must retain other counsel if the individual he preferred would not be available. Appellant does not say he misunderstood the court’s warning. Nor could he. It was stated in plain language. Appellant had a college education and was mentally alert. Appellant was given more than a reasonable opportunity to obtain the lawyer of his choice and simply failed to do so. The court was not required to delay the trial further. Lofton v. Procunier, 487 F.2d 434, 435 (9th Cir. 1973); Relerford v. United States, 309 F.2d 706, 707-08 (9th Cir. 1962); Releford v. United States, 288 F.2d 298, 301 (9th Cir. 1961).

2. The trial court was not required to…