United States v. Leonard Lowenstein

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leonard LOWENSTEIN, Defendant-Appellant. No. 93-10461. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 13, 1994. Decided July 13, 1994. Before: HUG, SCHROEDER, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Leonard Lowenstein appeals his jury conviction for possession of a firearm in violation of 18 U.S.C. Sec. 922 (g). The basis of Lowenstein's appeal is that the magistrate judge and the district judge erred in not inquiring into whether Lowenstein was competent to make a knowing and voluntary waiver of his right to counsel and to present his own defense at trial. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. DISCUSSION 3 1. Waiver of Counsel. 4 A defendant in a criminal trial has the right to be represented by counsel, but he also has the right to waive counsel and proceed pro se. Faretta v. California,…