Whitney

MEMORANDUM **

A. Waiver of Counsel

Whitney claims that in order for a waiver to comply with the Sixth Amendment, the district court must find that a defendant has knowledge of three subjects: the nature of the charges, the possible penalties, and the dangers of self-representation. However, the en banc decision *672 in Lopez clarified that while the Court prefers that these elements be given, they are not required by the Constitution. Lopez v. Thompson, 202 F.3d 1110, 1117-19 (9th Cir.2000) (en banc).

Viewing the record as a whole, Whitney’s waiver was knowing and intelligent. The waiver occurred on the first day of trial, since that is when Whitney conclusively invoked his right to proceed pro se. Prior to trial, he had been warned at six hearings spanning almost three years about the dangers of delay and the need for counsel. The district court gave a lengthy and detailed warning at the January 8, 2001 status conference, and inquired several times into Whitney’s educational background and sophistication. Additionally, Whitney had previously been prosecuted by the SEC and litigated a case in state court raising the same general issues, making him aware of the general nature of…