Martinez

MEMORANDUM **

Douglas Martinez appeals his sentence for illegal reentry after he was deported following a prior aggravated felony conviction. 1 See 8 U.S.C. § 1326 (a), (b)(2). 2 We affirm.

(1) Martinez first claims that the district court erred when it allowed him to represent himself at sentencing. Of course, Martinez had a right to counsel at sentencing, 3 and his waiver had to have been knowing and intelligent. 4 Martinez asserts that his waiver was not properly received because he was not sufficiently informed of the dangers of self-representation. See United States v. Massey, 419 F.3d 1008, 1010 (9th Cir.2005), petition for cert. filed, - U.S.L.W. - (U.S. Jan. 10, 2006) (No. 05-8633); Erskine, 355 F.3d at 1167; cf. Iowa v. Tovar, 541 U.S. 77, *637 81 , 124 S.Ct. 1379, 1383 , 158 L.Ed.2d 209 (2004) (the Constitution requires no more than advice regarding nature of charges, nature of punishment, and right to counsel). We disagree. The nature and extent of the required warning was a function of the stage of the proceeding and its complications. See Patterson v. Illinois, 487 U.S. 285, 298 , 108 S.Ct. 2389, 2397-98 , 101 L.Ed.2d 261 (1988); Lopez, 202 F.3d at 1119. Here,…