Nabaie

United States v. Nabaie

Good Law
226 F. App'x 702
United States Court of Appeals for the Ninth CircuitMarch 21, 2007Nos. 01-50619, 01-50659California861 words

Opinion

Lead Opinion

MEMORANDUM *

In this consolidated appeal, Barham Khan Nabaie challenges his convictions re *704 sulting from two separate trials. In one trial he was convicted of conspiracy to sell or deliver counterfeit securities and six counts of dealing counterfeit securities (appeal No. 01-50659). In the other trial he was convicted of attempted bank fraud and possession of counterfeit currency (appeal No. 01-50619). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse both convictions.

Because the parties are familiar with the factual and procedural histories of these cases, we need not recount them here.

Nabaie represented himself in the trial of No. 01-50659. He contends that his conviction must be reversed because he was not adequately advised of the nature of the charges and the possible penalties so as to make his waiver of counsel knowing and intelligent. See Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975). The government concedes that Nabaie was not informed at the Faretta colloquy of the nature of the charges and the possible penalties. Relying on United States v. Kelm, 827 F.2d 1319 (9th Cir.1987), however, it argues that the usual…

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