On appeal, French raises two Sixth Amendment claims, neither of which merits reversal of her convictions. First, we hold that French’s waiver of the right to counsel was voluntary, knowing, and intelligent. Second, we conclude that, during trial, French’s right to self-representation was not violated when she adopted the district court’s suggestion to permit Darin to conduct her direct and re-direct examination.
French also contends that the evidence was insufficient to support her convictions. We hold that the evidence was sufficient to support her convictions for wire and mail fraud, and the district court properly instructed the jury regarding the mens rea for these offenses. However, the evidence was insufficient to support French’s convictions on two money laundering counts, and the jury was improperly instructed as to one of these charges. We therefore affirm in part and reverse in part French’s convictions. We need not address French’s sentencing claims and remand for re-sentencing in light of the reversal of her convictions on the money laundering counts.
Judge(s): Jacqueline H. Nguyen
Jurisdiction: U.S. Court of Appeals, Ninth Circuit
Related Categories: Constitutional Law
|Circuit Court Judge(s)|
|Trial Court Judge(s)|
|Plaintiff Lawyer(s)||Plaintiff Law Firm(s)|
|Daniel Bogden||U.S. Department of Justice|
|Robert Ellman||U.S. Department of Justice|
|Elizabeth White||U.S. Department of Justice|
|Defendant Lawyer(s)||Defendant Law Firm(s)|
|Michael Kennedy||Office of the Federal Public Defender|
|Dan Maloney||Office of the Federal Public Defender|