Opinion
No. 07-50007.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 26, 2007.
Valerie Chu, Esq., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.
Mahir T. Sherif, Esq., Law Offices of Mahir T. Sherif, San Diego, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of California, Dana M. Sabraw, District Judge, Presiding. D.C. No. CR-06-00348-DMS.
Before: TROTT, W. FLETCHER, and CALLAHAN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Antonio Ortiz appeals the conviction imposed, following a bench trial, for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Ortiz contends that the waiver of his right to counsel was not knowing, intelligent, or voluntary. We disagree. The record reflects that Ortiz unequivocally waived his right to counsel after the district court made him aware of "(1) the nature of the charges against him; (2) the possible penalties; and (3) the dangers and disadvantages of self-representation." See United States v. Farhad, 190 F.3d 1097, 1099-100 (9th Cir. 1999) (per curiam).