hearing in response to mr joe vermins request to represent himself in this appeal after premier and from the district courts re sentencing of  all right thank you and so we were making a recording of this proceeding in the event that there is a need to have any record of it or refer to the record and we have the camero interpreter present or translation as needed and i'm going to begin the process now by having my current deputy and minister through swearing in both the witness and the interpreter to make sure that all of the statements that you make are under penalty of perjury and that the interpreter is simultaneously i want to make sure that you understand everything i'm saying to you and i want you to feel free to ask for a translation of anything that you don't understand but if you do understand things that i'm saying in english and you don't need a translation i would in the interest of moving this process along ask that you answer in english if you feel comfortable doing so and only ask for a translation where it's necessary did you understand what i just said in english yeah all right did you need any of that do you feel like you need any of that  translated thank you bill please do feel free to do that if there's anything that you don't understand that's why we have him here all right do you have any physical or mental impairments that would affect your ability to participate fully and knowingly in these proceedings well i don't and you understood everything i just said correct  you under the influence of any drug are you able to hear me and to respond freely all right in response to your in response to your request to represent yourself in this appeal the court has authorized me to conduct this hearing to make sure that you understand the dangers and disadvantages of self representation on appeal and that your request is knowing intelligent unequivocal you want to stand that you have the right to counsel in this appeal if you cannot afford to retain counsel you are entitle to have counsel appointed to represent you at government expense the court also has discretion to allow you to represent yourself if your request is knowing intelligent and unequivocal and is not intended to delay the proceedings on appeal in determining whether the court will allow you to represent yourself the court will inform you of the dangers  en the court or the opposing counsel or undermine the integrity of the outcome if you understand me you may withdraw your request for self representation and in that event you may continue with retain counsel for you may retain new counsel or you may request that the court appoint counsel to represent you and government with is to have you briefly describe your education your job history and your relevant reading experience so let's begin with your education  tune what specific training what kind of classes have you taken in in the prison that have trained you on legal analysis or research your conditions would have bet the sensing so the what the district court was doing in that we mended proceeding was limited to follow in what this court the ninth circuit had directed to do and that was to reset and zero based upon the new information that the temp charge was improper  did that issued a new sentence and you filed a notice of appeal from that new sentence the only matter that's probably before this court now in this is the question whether there was some error in the district court's proceedings in the remember so the only thing that you could raise now  had to do with whether the district court made some error in re sentencing according to the c do you understand all of that alright with that that that was i'm sorry that in part that was something that you might have been able to raise and there was there was at least a similar issue raised in the first appeal but there is now in no way that you can raise that in this appeal you also cannot raise in this appeal any issue concerning your assertion that you received ineffective let me let me move to you you so so for example you what you want to raise the issue of ineffective assistance of counsel for allowing the government's plea offers to expire an issue but you can't raise it in this appeal there is no mechanism for you to raise those kind of issues and that is by filing a motion under twenty u s c you have to do it by raising it in a twenty to fifty five motion filed in the district court in which case you could raise all those issues and in particular any issue in which you have to rely on evidence offer and that your attorney didn't communicate effectively to you let's hypothetically say that was your argument you couldn't raise that without presenting some evidence of what did the even in the first appeal or on the record at the district court or particularly on the second appeal that's evidence that goes to the question of the communication you would have to r understand that could you say that again but i have gall and i think that i mean when i look at what you want to raise and i look at what this what the nature of this appeal is it seems clear to me that you can't raise these issues in this appeal so if you want to raise these issues you need to do a twenty to fifty five now i don't know i don't know whether you you you believe there is a basis for an appeal from simply from the district court's decision to reset you to the tune in for violence rather than the slightly longer you have the right to appeal from that and i don't so i don't know whether you think that there is that that's your choice you can you can go forward with an appeal but as to that appeal to it that's what the district court said that was a correct statement of law there really is no way no there's no other interpretation the district court then discharged it obligation to follow the remainder of the ninth circuit it went through a resetting process in announced a new sense the question of the validity of that the sentencing the first appeal was the one and only time they you could have raised those issues now the only think only issues that are currently before the court is what happened in the remitted proceedings what representation of the district court made concerning of the ability to argue issues in the second appeal transcript we might be able to obtain it but it still is not going to change it's not going to change the scope of this reveal that the district court may have told you that you could try and raise whatever issues you can try  raise a lot of a lot of district court say that but the fact of the matter is the scope of this review of this court of us now limited to what happened at that second appeal and it doesn't you know get a chance to really argue matters that you could have argued in the first appeal unless you do so in a twenty to fifty five motion look the before we go on ms hatten do you have any recollection along these lines  so there's nothing that the district court could have said that would open the door to raising issues other than what happened at the reception in this appeal as i told you you're limited any other interpretation or any other view of the law are there you think is appropriate or do you have any another way of conveying that information that would be helpful in the hearing raise all these issues that i think are not properly before the court you understand that ye think if you would if you were to file a brief raising these issues then the the government would file a motion to dismiss based upon the fact that all of these matters are outside the scope of the appeal and the court would undoubtedly grant the motion to dismiss the appeal for the result i've already stated but you do have the right to move forward with your twenty to fifty five you would file that well you may even know this because of your experience in the prison you probably have some exposure to twenty to fifty five and know what that is designed to do is that correct ye say as i mentioned to you you have to file a twenty two thirty five and set out those issues and explain what the factual basis are for those and why why the you voluntarily rule a question a right to appeal and we're going to dismiss this appeal which means that your obviously your motion to represent yourself will be moot and then you will you can go appeal and any control any basis for representation would have to be negotiated outside of this court yet your representation of your representation does not continue for purposes of a twenty to fifty five is not worthwhile because of the fifteen year minimum sentence you would otherwise be so check to anyway exact correct speaking up and making that statement and now we have fully informed mr g i have armin of that of your position i think you've discharged any ethical obligation you have to come forward and he intends to retain counsel to file a twenty two fifty five motion on his behalf is that's my understanding is that correct mr jenner of armen all right he said yes yes he is leave for appointment of counsel along with a statement of financial eligibility to do so all right mr roach i have already is there anything further that you wish to terminal island for making this hearing happen or anybody can hear me thank you very much and this hearing is now terminated thank you good afternoon