United States v. Santiago Rodriguez-Aparicio

KING, Circuit Judge:

*191 Discontent with the services of his federal public defender, Santiago Humberto Rodriguez-Aparicio opted to represent himself. A two-day jury trial yielded a conviction on a charge of illegal reentry. On appeal, he argues that the district court effectively denied him the right to testify in his own defense. During a hearing focused on his waiver of the right to counsel, Rodriguez told the court that he understood he would receive "two more points" at sentencing if he testified. According to his argument on appeal, that triggered a duty to set him straight and explain that…