FOR THE NTNTH CIRCUIT
UNITED STATES OF AMERICA, No. 05-10204
Plaintiff- Appellee, D.C. No. CR-03-00502-FIM
District of Arizona,
v. Phoenix
ROBERT SUZENSKI, I
ORDER
Defendant - Appellant.
Before: Peter L. Shaw, Appellate Commissioner
Appellant Robert Suzenski has requested leave to represent himself in this
appeal. The request has been referred to the Appellate Commissioner pursuant to
Ninth Circuit Rule 4-1(d) and Ninth Circuit General Order 6.3(e) to confirm that
appellant’s waiver ofthe right to counsel is knowing, intelligent, and unequivocal,
and to detennine whether the court should permit appellant to represent himself on
appeal. See Martinez v. Court of Appeal, 528 U.S. 152 (2000); Faretto v.
1 Ca/`ifornict, 422 U.S. 806 (1975); Hendricks v. Zenon, 993 F.2d 664, 669 (9th Cir.
199). l
A review of Suzens1<.i’s May 16, 2005 motion to proceed pro se, and his
submissions of July 14, 2005, October 12, 2005, and November 3, 2005, shows
that a hearing is appropriate to determine whether Suzensl
.». {glo. 05.1020zt
himself and to waive the right to counsel are knowing, intelligent, and
unequivocal; to apprise appellant ofthe dangers and disadvantages of self-
representation on appeal; and to determine whether the court should allow
appellant to represent himself on appeal. See 9th Cir. R. 4- l(d).
Appellant Suzenski should be prepared to address at the hearing: (1) how
he intends to comply with this court’s rules and procedures; (2) how he intends to
identify and research the relevant legal issues and present an intelligent and
responsible argument; (3) whether the issues that he intends to raise on appeal are
so complex that a lay person would require substantial assistance of counsel to aid
the court in deciding the case; and (4) his education, employment history, legal
experience, and research and writing background. See Price v. Johnston, 334 U.S.
266, 284-85 (1948); United States v. Gillis, 773 F.2d 549, 560 (4th Cir. 1985).
The hearing will take place by videoconference on November 17, 2005 at
11:00 a.rn. Pacifrc Standard Time (12:00 p.m. Mouritain Standard Time).
Suzenski shall appear by videoconference from the Sandra Day O’Connor United
States Court House, 401 W. Washington Street, Suite 150, Phoenix, AZ.
Assistant United States Attorney Howard D. Sukenic shall appear by telephone.
2
md 33;% i:OI§épriOO502-FJI\/I Document 215 Filedstetaéggégqqgn snfulgqe Zwqiéizu 5¤_l,_|l
l
`C 1"N“5i°05-10204 ‘
` " Suzenski may withdraw his request for leave to represent himself at any
time by: (1) requesting appointment of newcounsel at government expense; or (2)
retaining new counsel who shall file a notice of appearance.
The Clerk shall serve this order on counsel of record and on appellant at
Robert Suzenski c/o Bill Spence , Ltd.,500 W. Kay Road, _Suite, 1, Chandler, AZ -
0 85225 and via facsimile at (480) 732-9202.
. l er §.3(e)
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