Calhoun

United States v. Calhoun

Good Law
143 F. App'x 28
United States Court of Appeals for the Ninth CircuitJuly 27, 2005No. 03-50082; D.C. No. CR-02-00722-NMCalifornia1,098 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-appellant Jerome Henry Calhoun appeals his conviction for making and causing to be made false, fictitious, or fraudulent claims against the United States, in violation of 18 U.S.C. §§ 287 and 2. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm Calhoun’s conviction but remand this case to the district court for the limited purpose of permitting it to consider Calhoun’s sentence in accordance with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc), and United States v. Moreno-Hernandez, -F.3d -, -, 2005 WL 1560269 , at *9 (9th Cir. July 5, 2005).

Calhoun argues that the judges presiding over his hearings and trial failed to ensure he understood the nature of the charges he was facing and the dangers of self-representation, thus invalidating his conviction. See Iowa v. Tovar, 541 U.S. 77 , 124 S.Ct. 1379 , 158 L.Ed.2d 209 (2004); Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975); United States v. Erskine, 355 F.3d 1161, 1166, 1169-70 (9th Cir.2004); United States v. Balough, 820 F.2d 1485, 1487 (9th Cir.1987).

A. Nature of the Charges

Calhoun contends that a defendant…

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