United States v. Floyd Balough

972 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Floyd BALOUGH, Defendant-Appellant. No. 89-50628. United States Court of Appeals, Ninth Circuit. Argued and submitted June 1, 1992. Decided Aug. 4, 1992. Before POOLE, BRUNETTI and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Balough was indicted on three counts of bank robbery in 1984. Pursuant to a plea agreement, the government dropped one of the counts and Balough pleaded guilty to the other two counts. Balough was represented by counsel. Before sentencing, Balough filed a motion to appear pro se and to withdraw his guilty plea. The district court granted his motion to appear pro se and denied the motion to withdraw the guilty plea. On appeal this court remanded for reconsideration of the motion because it was not clear from the record that Balough had knowingly and intelligently waived his right to counsel. United States v. Balough, 820 F.2d 1485, 1489-90 (9th…