U.S. v. Lee

In prosecution on robbery and firearm charges, Dist. Ct. erred in failing to act on defendant’s motion to waive his counsel prior to conducting hearing on defendant’s motion to suppress evidence, where defendant’s motion to waive counsel was filed nine days before hearing on motion to suppress. Although Dist. Ct. eventually granted defendant’s motion to represent himself, defendant had constitutional right to represent himself at suppression hearing, especially where Magistrate Judge found defendant to be competent at conclusion of said hearing. Moreover, said error was not susceptible to harmless error defense. However, instant remand is limited to new hearing on motion to suppress where defendant can represent himself, such that if Dist. Ct. denies said motion, defendant’s conviction will be reinstated.