United States v. Alexander Eugenio Moskovits

I join sections I and III of the court’s opinion, although I believe that a more detailed explanation is warranted regarding section III-B. I cannot join section II.

I

In section II, the court concludes that Moskovits’s waiver of his right to counsel cannot be said to be knowing and intelligent because the record fails to show that he was aware at the waiver hearing that his sentence after retrial could be greater than his vacated sentence. I agree that Moskovits could not knowingly and intelligently waive the right to counsel without knowing that he had something to lose in a retrial. Further,…