Ysassi

MEMORANDUM **

Roberto Charles Ysassi, Jr. appeals his conviction and sentence for five counts of bank robbery in violation of 18 U.S.C. § 2113 (a). We have jurisdiction under 28 U.S.C. § 1291 .

Ysassi insisted on representing himself during the district court proceedings, but now, represented by counsel, contends that the district court erred by not sua sponte ordering an evidentiary hearing to determine whether he was competent to waive his constitutional right to counsel. Ysassi’s advancement of meritless legal arguments does not render him incompetent to stand trial. See Godinez v. Moran, 509 U.S. 389, 398-400 , 113 S.Ct. 2680 , 125 L.Ed.2d 321 (1993); Davis v. Woodford, 384 F.3d 628, 645-46 (9th Cir.2004). Despite advancing legal arguments destined for failure, Ysassi in his communications to the district court demonstrated that he possessed a “minimal understanding of the proceedings against him.” United States v. Hernandez, 203 F.3d 614 , 620 n. 8 (9th Cir.2000). We hold that the district court did not err in permitting Ysassi to represent himself without first ordering an evidentiary hearing to assess his competence.

Ysassi also argues, and the government agrees, that…