Aldridge

MEMORANDUM **

Rodger Joel Aldridge (“Aldridge”) appeals from his conviction by a jury in district court for five counts of being a felon in possession of firearms, possession of an unregistered firearm, possession of a firearm without a serial number, and unlawful making of a firearm. He argues that he was denied his Sixth Amendment right to counsel and that the district court erred in finding him competent to stand trial. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Aldridge was not denied his Sixth Amendment right to counsel during the three month pre-trial period after the court had terminated the Federal Public Defender and before it had appointed other counsel. The court properly declined to appoint counsel because Aldridge, claiming his Fifth Amendment privilege, refused to complete the financial affidavit required by the Criminal Justice Act, 18 U.S.C. § 3006A. Aldridge thus failed to meet his burden of showing he was indigent. See United States v. Ellsworth, 547 F.2d 1096, 1098 (9th Cir.1976) (holding that “the burden of proof of financial status is on the defendant who seeks free appointed counsel”).

Nor was Aldridge denied his right to counsel…