United States v. Clifford Dann

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clifford DANN, Defendant-Appellant. No. 93-10363. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 25, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Clifford Dann appeals his conviction, which followed a jury trial, for assaulting or resisting a United States officer with the use of a deadly weapon in violation of 18 U.S.C. Secs. 111 , 1114. Dann argues that, because his insistence that his appointed attorney neither call nor cross-examine witnesses was tantamount to a waiver of counsel, the district court erred by failing to conduct a full hearing under Faretta v. California, 422 U.S. 806 (1975). We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 There is a difference between an accused's participation in the direction of his own defense and his outright waiver of counsel. See…