Furlong

United States v. Furlong

Good Law
181 F. App'x 655
United States Court of Appeals for the Ninth CircuitMay 19, 2006No. 04-30183California257 words

Opinion

Lead Opinion

MEMORANDUM **

Kevin Keith Furlong appeals from his conviction by a jury and 150-month sentence for two counts of bank robbery in violation of 18 U.S.C. § 2113 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm the conviction, and we vacate and remand the sentence.

Furlong contends that the district court allowed him to proceed pro se in violation of his right to counsel under the Sixth Amendment. This contention is unavailing. At his arraignment, Furlong asserted his right to proceed pro se. At the Faretta hearing, the court advised Furlong of the dangers and disadvantages of self representation and emphasized that the decision must be knowing, voluntary and intelligent. See Faretta v. California, 422 U.S. 806, 819-20 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975); United States v. Kaczynski, 239 F.3d 1108, 1116 (9th Cir.2001). At each subsequent instance up to trial in which the court addressed the issue of self representation, Furlong unequivocally stated that he wished to proceed pro se. Accordingly, we reject this contention.

We remand the sentence for further proceedings consistent with United States v. Ameline, 409 F.3d 1073, 1084-85 (9th Cir.2005) (en banc). See…

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