Kalilikane

United States v. Kalilikane

Good Law
340 F. App'x 404
United States Court of Appeals for the Ninth CircuitAugust 6, 2009No. 08-30334California383 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Bernard Kalilikane (Kalili-kane) appeals his convictions for armed *405 bank robbery, armed credit union robbery, using a firearm during a crime of violence, and felon in possession of a firearm and ammunition. We affirm Kalilikane’s convictions.

1. The district court did not abuse its discretion in denying Kalilikane’s motion to further substitute counsel. See United States v. Mendez-Sanchez, 563 F.3d 935, 942 (9th Cir.2009) (discussing standards).

2. The district court properly held that Kalilikane failed to unequivocally waive his right to counsel as required for self-representation. See id. at 945-46 .

3. The district court properly denied Kalilikane an opportunity to continue his testimony, because of Kalilikane’s disruptive behavior and the inadmissibility of Kalilikane’s proffered testimony. See United States v. Pino-Noriega, 189 F.3d 1089, 1095 (9th Cir.1999) (“[A] defendant’s right to testify is not unduly restricted by rules limiting a defendant’s testimony to relevant matters ... ”) (citation omitted) (emphasis in the original); see also United States v. Johnson, 820 F.2d 1065, 1074 (9th Cir.1987) (“[A] defendant can waive [the] right to…

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