Hummingway

MEMORANDUM *

Princeton Hummingway appeals his conviction and sentence, after a jury trial, for twelve counts of mail fraud and aiding and abetting in violation of 18 U.S.C. § 1341 . Hummingway contends that the district court erred when it permitted him to waive his right to counsel without a full competency hearing and that the district court did not properly warn him of the dangers and disadvantages of self-representation. Hummingway challenges the district court’s time restrictions on cross-examination of government witnesses.

Hummingway challenges his sentence, contending that the district court erred in assessing his criminal history category and enhancing the sentence based on the use of “sophisticated means.” In supplemental briefing, Hummingway challenges his sentence in light of the Supreme Court’s recent decision in Blakely v. Washington, — U.S.-, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), and our decision in United States v. Ameline, 376 F.3d 967 (9th Cir.2004), arguing that the enhancement of this sentence on the basis of judge-found facts violates the Sixth Amendment.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction. We vacate the sentence…