Glessner

MEMORANDUM **

Randall Loren Glessner appeals his conviction on twenty-three counts of violating the Internal Revenue Laws, 26 U.S.C. §§ 7206 (2), 7212.

Glessner contends that he did not make a knowing and intelligent waiver of counsel and that he was therefore denied his Sixth Amendment right. “If a defendant chooses to represent himself ... his decision must be made knowingly and intelligently; that is, a criminal defendant must be aware of the nature of the charges against him, the possible penalties, and the dangers and disadvantages of self representation. ...” United States v. Balough, 820 F.2d 1485, 1487 (9th Cir.1987). Glessner does not challenge the district court’s finding that he was competent to waive counsel but argues that the court failed to make the requisite record to establish that the waiver was knowing and intelligent. Our review is de novo. See United States v. Springer, 51 F.3d 861, 864 (9th Cir. 1995).

The district court discussed with Glessner the dangers and disadvantages of self-representation. It advised him of the possible penalties he faced if convicted. However, the court did not inform Glessner of the nature of the charges against him. While the…