John Mackovich appeals his conviction and sentence for armed bank robbery (18 U.S.C. §§ 2113(a) and (d)) and for using and carrying a firearm during a crime of violence (18 U.S.C. § 924(c)). These convictions arose out of Mackovich’s April 1998 armed robbery of the' Valley Bank of Commerce in Roswell, New Mexico. Law enforcement officials quickly apprehended Mackovich and recovered the keys to the getaway vehicle, the money stolen from the bank, and the disguise used to facilitate the crime. At the time of conviction, Mackovich had two prior convictions for violent felonies. Applying what is commonly known as the “Three Strikes” statute, the district court sentenced Mackovich to life imprisonment. Mackovich contends on appeal that the district court erroneously (1) determined that he was competent to stand trial; (2) denied his request to fire his attorney and proceed pro se; and (3) rejected his argument that one of his prior convictions did not qualify as a “strike” under 18 U.S.C. § 3559. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 and affirm.
I. Competency
A. Background
The district court’s inquiry into Macko-vich’s competence began in August 1998, when Mackovich’s counsel filed a “Motion To Determine Mental Competency.” Record on Appeal (“ROA”), Vol. I, Doc. 20. The court granted the motion and appointed Dr. Kenneth Bull to conduct a psychiatric examination. Dr. Bull determined that Mackovich was competent to stand trial, and submitted a one-page report setting forth his conclusions in September 1998. Approximately one month later, after Mackovich obtained a new lawyer, the government filed a motion for a supplemental psychiatric evaluation. The principal basis for the motion was that Mackovich’s counsel had “learned of new information” relevant to Mackovich’s fitness to stand trial, including “psychiatric reports that were generated during the pendency of [Macko-vich’s] 1977 prosecution for armed robbery.” ROA, Vol. I, Doc. 37 at 2(¶6). The district court granted this motion as well. Dr. Bull conducted a supplemental examination on November 8, 1998, and submitted another report. ' In this second report, Dr. Bull presented “a different psychiatric diagnosis than that derived originally. It would appear that Mr. Mackovich is not suffering primarily from a depressive disorder, but more likely a schizo-affective disorder.” Supplemental Record on Appeal (“SROA”), Vol. Ill, Doe. 50 at 2; see also id. (stating that Macko-vich “could benefit from anti-psychotic medications in addition to the anti-depressants he is currently on”). Nonetheless, Dr. Bull explained that “the new information and diagnosis obtained does not affect my judgment of Mr. Mackovich’s present mental competency to stand trial.” Id.
The court conducted an evidentiary hearing to explore Mackovich’s competence in November 1998. The first witness to testify at the hearing was Dr. Bull. Dr. Bull stated that he interviewed Macko-vich for 30 to 40 minutes in August 1998, and that this examination led him to believe that Mackovich was competent to stand trial. Dr. Bull explained that he interviewed Mackovich for a. longer period of time during the supplemental examination in November 1998, taking into account Mackovich’s “previous psychiatric records.” Id., Vol. II, at 6, 12-14. Dr. Bull confirmed that Mackovich was likely suffering from a schizo-affective disorder, “sort of a cross between schizophrenia and manic depressive illness.” Id. at 8. According to Dr. Bull, this diagnosis was “serious” because in some individuals a *1231 schizo-affeetive disorder renders them unable to manage their own lives.” Id. at 8-9. In Dr. Bull’s opinion, Maekovich’s representation that he previously served as a “jailhouse lawyer” indicated that Macko-vich possessed “knowledge of the legal process.” Id. at 9, 16-17. Dr. Bull recommended additional psychiatric treatment, but affirmed his finding of competency based on Maekovich’s “understand[ing of] the legal process and the charges against him.” Id. at 11-12.
The only other witness who testified at the hearing was Mackovich himself. Responding to questions posed by his counsel, Mackovich stated that he believed he would be acquitted at trial and his acquittal would trigger Armageddon. Macko-vich testified that he and his sister had been receiving “prophecies” from God, and discussed how a burglar had broken into his house and “shot at me and my girlfriend and ... my dog.” Id. at 22-23. Mackovich also stated that prosecutors in another case wrongly accused him of soliciting a bribe, but that he was exonerated at trial according to God’s plan. On cross-examination, Mackovich stated that he had been helping his current attorney by “telling him what’s going to be happening, and the prophecy.” Id. at 31. Mackovich testified that he had provided his attorney with information that permitted the attorney to file a notice of alibi. Mackovich stated that he believed he was charged with bank robbery, although he did not remember the name of the bank. Macko-vich likewise did not remember his prior convictions, and indicated that he was not a “Three Strikes” candidate because he was innocent. Mackovich explained that he had falsely confessed to several bank robberies, including the Roswell bank robbery, because he was being pressured by prosecutors and wanted to expose government corruption.
After receiving this testimony and considering further arguments from counsel, the district court concluded that Macko-vich was competent to stand trial. The court reasoned that it
has had the defendant examined twice, and on both occasions Dr. Bull, who is a highly qualified psychiatrist, has concluded that the defendant is competent to stand trial. That is, that he understands the nature and consequences of the proceeding against him and that he is capable of assisting properly in his defense. I find that those conclusions by Dr. Bull are correct by a preponderance of the evidence, and therefore the defendant is competent....
Id. at 46-47. Mackovich was “especially noisy” when the court delivered its oral ruling, making “loud and inappropriate comments” while sitting at his counsel’s table. Id., Vol. I, Doe. 53, at l. 1 The court memorialized its ruling in a written order, stating that “Mackovich is not presently suffering from a mental disease or defect that impairs his ability to understand the nature and consequences of the proceedings against him or that impairs his ability to assist properly in his defense.” Id. Doc. 55.
B. Analysis
The Constitutional principles governing competency determinations are clearly established. “It is settled that trying an incompetent defendant violates due process.”
Bryson v. Ward,
Our standard of review is equally clear. “Competency to stand trial is a factual determination that can be set aside only if it is clearly erroneous.”
United States v. Boigegrain,
The district court’s finding that Mackovieh was competent to stand trial was not clearly erroneous. First, in both his testimony and his written reports, Dr. Bull concluded that Mackovieh was able to understand the proceedings against him.
See, e.g.,
SROA, Vol. Ill, Doc. 50 at 2 (setting forth Dr. Bull’s “professional opinion that 1) Mr. Mackovieh has a rational and factual understanding of the charges against him and their consequences and 2) he has sufficient present ability to consult with his lawyer with complete rational understanding”). Dr. Bull was the only medical expert who assessed Mackovich’s competence, and the district court’s reliance on his opinion is not clear error.
See Verduzco-Martinez,
Mackovieh’s remaining objections to the district court’s assessment of the evidence are insufficient to establish reversible error. Mackovich emphasizes that Dr. Bull diagnosed him with a schizo-affective disorder and “recommended psychiatric treatment and antipsychotic drugs.” Appellant’s Opening Brief at 27. Mackovich’s description of Dr. Bull’s diagnosis is accurate, but this circuit has long recognized that “[t]he presence of some degree of mental disorder in the defendant does not necessarily mean that he is incompetent to ... assist in his own defense.”
Wolf v. United States,
Mackovich next contends that several developments after the hearing should have caused the district court to reevaluate his competence. For example, after receiving permission to address the court on the first day of trial, Mackovich made the following statement:
This is the flag of the United States of America. Under the Federal Rules of Civil Procedure, Rule 38(a), the plaintiffs claim of the pleading is in the Constitution of the United States of America, dated 1789, Article of the Ninth, for a hearing sworn by oath of the office. Army regulations 840-10, Chapter 21AB, states the flag of the United States will be of red, white, and blue with a star for each state and will be in the highest honored position over foreign flags and the president of the United States. Corporate flag of the fringe, by the law of the flag, the foreign flag of the fringe makes the jurisdiction foreign. Plaintiff is not an attorney of the law, plaintiff is a citizen and a party. How can a party plead to the matter by the subject in the court when the jurisdiction of venue, federal rules of court procedure, Rule 12(b)(3), has not been established or placed and erected plain under the flag with the fringe as to jurisdiction of the foreign power under the law of the flag? That the party is guilty until proven innocent, the Constitution of the United States rights are guaranteed to a citizen in the party innocent until proven guilty. Until the joinder of the federal rule of court procedure Rule 12(b) is established, no conversation can be understood.
ROA, Vol. III, at 72-73; see also id. at 73 (indicating that the district court responded by saying “I don’t know what the purpose of that is[,j but if it’s an objection to proceeding, it’s overruled”). Later, believing that he and his attorney were not adequately prepared, Mackovich opted to “stand mute” and refused to testify in his own defense.
These developments do not demonstrate that the district court erred by refusing to halt the trial to reassess Macko-vich’s competence. It is true that “[ejven when a defendant is competent at the commencement of his trial, a trial court must always be alert to circumstances suggesting a change that would render the accused unable to meet the standards of competence to stand trial.”
Drope,
II. Self-Representation
A. Background
Mackovich’s claim that the district court denied his constitutional right to self-representation revolves around the following facts. On October 30, 1998, one month prior to the November 30, 1998, trial date, the district court issued an order notifying the parties of the trial date. On November 13, 1998, the district court found Mackovich competent to stand trial. Six days later, Mackovich’s attorney filed a motion seeking leave to withdraw as counsel, noting that he had been “discharged” by Mackovich. SROA, Vol. I, Doc. 57, at 1. Mackovich’s attorney filed a motion for a continuance on November 23, 1998, stating (among other things) that Mackovich “discharged Counsel on November 16, 1998 and is attempting to represent himself. Apparently [Mackovich] has filed his own motions, including an entry pro se and others that defense counsel has not seen or had an opportunity to review. A rift currently exists between counsel and client.” Id., Doc. 61, at 1.
In a written order dated November 24, 1998, the district court denied the motion for a continuance, as well as the motion by Mackovich’s counsel to withdraw. At the outset, the court observed that
Defendant’s counsel makes reference to some motions authored by Mr. Maeko-vieh himself including a motion to proceed pro se, however, no motions other than those filed by counsel have been as yet filed with the Court. At the request of the Court, the Defendant’s counsel has been provided with copies of these “pro-se” motions. Although not formally before the Court, the issues raised in the Defendant’s pro se Motion for Substitution of Counsel and pro se Motion for Continuance of Trial, are similar to those filed by his counsel....
ROA, Vol. I, Doc. 56, at 2 (citation omitted). The court found that “[t]he vague reference by counsel to an effort by Mr. Mackovich to represent himself is not sufficient to trigger an inquiry into whether the Defendant is attempting to knowingly and voluntarily waive his right to counsel.” Id. As an alternative basis for denying the motion, the court concluded that, even assuming Mackovich’s request to proceed pro se could be characterized as unequivocal, it was untimely and an effort to delay the trial:
This case has been set for trial since June 8, 1998, and after the Court granted Defendant’s three previous motions for continuances, the current setting was noticed at the end of October of this year. The Defendant has been represented by Mr. McIntyre since September 29, 1998, and it was not until Mr. McIntyre failed to secure a plea agreement to the Defendant’s liking that Mr. Mackovich apparently began to seek to represent himself. This request, even if made today, would be untimely. The Defendant’s motion has not yet been filed and the trial is set to commence in five days. Clearly, this is merely an effort to again delay the trial, and is an abuse of the judicial process. The Court will not countenance such tactics. Notwithstanding the Court’s understanding that Mr. Mackovic[h] may wish to represent himself, the Court will not commence with a hearing on this issue as no formal request is currently before the Court and such a request would be untimely.
Id. at 3 (citations omitted).
Mackovich next made mention of a desire to represent himself shortly before the commencement of trial on November 30, 1998. Prior to jury selection, Mackovich confirmed that he had attempted to file motions with the court. He asserted that neither he nor his attorney was ready to *1236 try the case, 4 and that it would be unjust and a “farce” if he did not receive “at least a few weeks’ time to allow [him] to prepare and gather witnesses.” ROA, Vol. II, at 13. Mackovich renewed his “motion for a continuance to allow Mr. McIntyre a chance to prepare,” and then indicated that he would have “a better chance” if he proceeded pro se because “Mr. McIntyre doesn’t have one witness on my behalf.” Id. at 13-14. Mackovich closed by reiterating his request “for a continuance to represent myself or to seek other counsel.” Id. at 14. When the district court denied Mackovich’s oral motion on the grounds stated previously in the November 24 order, Mackovich spoke again: “Your Honor, without being prepared for this trial and without having effective assistance of counsel, I refuse to participate. I stand mute, and I wish to have an order for my attorney to stand mute. This would just be a mockery of justice. I don’t want him to participate in it; neither do I.” Id. at 15.
B. Analysis
A criminal defendant has a constitutional and a statutory right to self-representation. The former is expressly recognized in
Faretta v. California,
Mackovich contends on appeal that the district court misapplied these decisions when it denied his request to proceed pro se. When evaluating such a claim, we review the district court’s finding of historical facts for clear error.
Boigegrain,
We turn first to the requirement that a defendant “clearly and unequivocally” assert his intention to represent himself. This requirement “is necessary to protect against an inadvertent waiver of the right to counsel by a defendant’s occasional musings on the benefits of self-representation.”
United States v. Frazier-El,
Here, the district court made two factual findings relevant to the “clear and unequivocal” requirement.
See Hamilton v. Groose,
Without passing on the district court’s finding that Mackovich’s requests were too vague to trigger an inquiry
5
, we conclude the evidence contained in the record on appeal is more than adequate to support the district court’s finding that Mackovich’s requests for self-representation were merely a tactic for delay. The record in this case reveals that before Mackovich lodged his request for self-representation, he (1) utilized appointed counsel for more than seven months, (2) appeared in court with his attorney on multiple occasions, and (3) sought and received three other continuances. The record also reveals that Mackovich (4) requested leave to represent himself only six to ten days before trial, (5) based his request for self-representation in part on his counsel’s refusal to file a variety of frivolous motions (e.g., “Motion for An Identity Hearing, Exculpatory Motions, and Motion for Bail.”), (6) coupled his request for self-representation made on the first day of trial with yet another “motion for continuance to prepare,” and (7) threatened to “stand mute” and withhold his participation when the district court denied his request. These facts adequately support the district court’s finding that Mackovich asserted his right to self-representation in an attempt to delay the trial and abuse the judicial process.
Cf. Frazier-El,
III. Sentencing
Mackovich also challenges the district court’s application of 18 U.S.C. § 3559(c), popularly known as the “Three Strikes” statute. Specifically, Mackovich argues the district court erred in concluding his 1977 robbery conviction qualified as a “serious violent felony” under § 3559(c), and that the statute’s placement of the burden of proof on the defendant to establish by clear and convincing evidence that the conviction is a nonqualifying felony is unconstitutional.
The statute requires a trial court to “sentence to life in prison any person who is convicted in federal court of a ‘serious violent felony’ if that person has previously been convicted in state or federal court of two or more ‘serious violent felonies.’ ”
United States v. Gottlieb,
(i) no firearm or other dangerous weapon was used in the offense and no threat of use of a firearm or other dangerous weapon was involved in the offense; and
(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person.
18 U.S.C. § 3559(c)(3)(A);
accord United States v. Romero,
At the sentencing hearing in the instant case, the government submitted judgments of conviction indicating that Mackovich previously committed two other robberies in Arizona. These included a conviction for armed robbery in 1982 and a conviction for simple robbery in 1977. The government also submitted offense reports and a written confession relating to the 1977 conviction. Among other things, these documents demonstrated that Mackovich used a firearm to rob a convenience store. Mackovich unsuccessfully objected to the admission of the documents, but did not offer additional proof to rebut them.
*1239
Rather, Mackovich maintained that under
Taylor v. United States,
A brief discussion of the
Taylor
decision is in order. The
Taylor
Court was called upon to determine the meaning of the word “burglary” under 18 U.S.C. § 924(e).
First, the language of § 924(e) generally supports the inference that Congress intended the sentencing court to look only to the fact that the defendant had been convicted of crimes falling within certain categories, and not to the facts underlying the prior convictions ....
Second, ... the legislative history of the enhancement statute shows that Congress generally took a categorical approach to predicate offenses.... If Congress had meant to adopt an approach that would require the sentencing court to engage in an elaborate factfinding process regarding the defendant’s prior offenses, surely this would have been mentioned somewhere in the legislative history.
Third, the practical difficulties and potential unfairness of a factual approach are .daunting. In all cases where the Government alleges that the defendant’s actual conduct would fit the generic definition of burglary, the trial court would have to determine what that conduct was.... Also, in cases where the defendant pleaded guilty, there often is no record of the underlying facts. Even if the Government were able to prove those facts, if a guilty plea to a lesser, nonburglary offense was the result of a plea bargain, it would seem unfair to .impose a sentence enhancement as if the defendant had pleaded , guilty to burglary.
Id.
at 600-02,
Mackovich’s Taylor-based argument proceeds along the following lines: Macko-vich “concedes that the government proved by a preponderance that his 1977 conviction of robbery constitutes a serious violent felony for purposes of the Three Strikes statute.” Appellant’s Opening Brief at 10. However, according to Mack-ovich the
“Taylor
categorical approach should apply to the defendant’s burden of proving that his offense is a nonqualifying offense.”
Id.
at 11. Mackovich contends that (1) the language of -§ 3559(c)(3)(A) does not expressly indicate that Congress
*1240
intended courts to “delve into facts,” and the “use of a firearm or threat of such use are often considered elements of crimes,”
id.
at 13; (2) while the legislative history of § 3559(c)(3)(A) “reflects the requirement that a defendant prove that his actions did not constitute the use or threat of use of a firearm,” it “does not reveal how Congress intended such proof to be made,”
id.
at 14; and (3) the use of a “factual approach” in this case would be unfair because Mackovich pleaded guilty in 1977 to a simple robbery offense (instead of the armed robbery offense with which he was originally charged) whose elements did not include the use or threat of use of a dangerous weapon.
Id.
at 14-15. Mackovich further maintains that the age of his 1977 conviction “accentuates th[e] practical difficulties and the potential unfairness of a factual approach.”
Id.
at 15. We review Mackovich’s claims de novo.
See Gottlieb,
The plain language of § 3559(c)(3)(A) forecloses Mackovich’s position. As we explained in
Romero,
“[i]n interpreting a statute, we begin with the plain language of the statute itself. If the terms of the statute are unambiguous, our inquiry ends.”
Mackovich’s final argument is that § 3559(c)(3)(A) is unconstitutional. Citing
Cooper v. Oklahoma,
We need not address Mackovich’s due process challenge to § 3559(c)(3)(A), because his argument fails on other grounds.
*1241
As the district court recognized, Macko-vich did not muster “even a preponderance of the evidence that he did not use a weapon” in the commission of the 1977 robbery. ROA, Vol. VI, at 578. Through the offense reports and other documents, the government conclusively established that Mackovich used or threatened to use a dangerous weapon. Consequently, even if we assume that the burden of proof under § 3559(c)(3)(A) should be a preponderance, Mackovich’s proffered evidence failed to satisfy that standard — a point Mackovich acknowledges in his appellate brief.
See
Appellant’s Reply Brief at 5 (“If this court finds that the categorical approach of
Taylor
does not apply to the defendant’s burden of proving his prior serious violent felony is a nonqualifying felony, then of course, Mackovich did not meet his burden.”). Indeed, Mackovich’s argument fails even if we assume that the proper interpretation of § 3559(e)(3)(A) requires the
government
to prove by a preponderance of the evidence that a dangerous weapon was involved in a prior offense. For that reason, we affirm the district court while reserving judgment on the constitutionality of the “clear and convincing evidence” provision of § 3559(c)(3)(A).
See United States v. Smith,
AFFIRMED.
Notes
. Similar disruptions occurred at other times during the hearing. The government acknowledged Mackovich’s outbursts in a motion in limine seeking "an order admonishing the Defendant not to engage in inappropriate and disruptive behavior during jury selection and trial....” SROA, Vol. I, Doc. 53, at 1.
.
See also Joyner v. Borough of Brooklyn,
No. 98 CV 2579(RJD),
. In addition, Maekovieh asserted in open court prior to trial that he had been a "licensed counselor,” a member of the Roswell Job Corps, and an employee at a hospital associated with "psychology education services." ROA, Vol. II, at 13. Maekovieh stated that he was "quite competent,” and opined that: "It's been my attorney’s ploy to find me incompetent, Your Honor. I have never at any time given any psychiatrist or attorneys reason to believe I was incompetent. And it’s just a matter that they are afraid of dealing with this case and investigating it and doing the leg work.” Id.
. Although Mackovich represented to the court that his counsel was not prepared for trial, his counsel stated on the record that he was prepared.
. Mackovich’s pro se motion for substitution of counsel clearly indicated an interest in self-representation. However, that motion was never officially filed and there is no indication in the record that it was available to the district court when it issued its November 24, 1998 order. Even assuming, arguendo, the motion was available to and reviewed by the district court at some point prior to trial, that does not alter our conclusion that the district court was correct in finding that Mackovich's motive for requesting self-representation was to delay the trial.