October 7, 2015

Tenth Circuit: Conviction for Illegal Reentry Affirmed but Resentencing Required as District Court Improperly Denied Request to Represent Himself at That Proceeding

The Tenth Circuit Court of Appeals published its opinion in United States v. Loya-Rodriguez on Wednesday, February 22, 2012.

The Tenth Circuit affirmed in part and reversed in part the district court’s decision. Petitioner appeals his conviction and sentence for the offense of illegal reentry after deportation subsequent to an aggravated felony conviction. “He contends that the district court denied his Sixth Amendment right to represent himself both at trial and at sentencing.” The Court affirmed Petitioner’s conviction because he failed to make a clear and unequivocal request to represent himself at trial. But the Court remanded to vacate Petitioner’s sentence and then resentence him because he did make such a request to represent himself at sentencing.

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