United States v. Rosivito Hoskins, 243 F.3d 407 (7th Cir. 2001). · Go Syfert
United States v. Rosivito Hoskins, 243 F.3d 407 (7th Cir. 2001). Cases Citing This Book View Copy Cite
84 citation events (84 in the last 25 years) across 6 distinct courts.
Strongest positive: Scott Lee Van Hawk v. State of Indiana (indctapp, 2026-02-06)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (rule) Scott Lee Van Hawk v. State of Indiana
Ind. Ct. App. · 2026 · confidence medium
Poynter v. State, 749 N.E.2d 1122, 1127 (Ind. 2001) (quoting United States v. Hoskins, 243 F.3d 407, 411 (7th Cir. 2001)). [74] There are no prescribed “talking points” the court is required to include in its advisement to the defendant; it need only come to a considered determination Court of Appeals of Indiana | Opinion 24A-CR-3161 | February 6, 2026 Page 32 of 43 that the defendant is making a voluntary, knowing, and intelligent waiver.
discussed Cited as authority (rule) United States v. Michael Johnson
6th Cir. · 2022 · confidence medium
See, e.g., United States v. Kimball, 291 F.3d 726, 730 (11th Cir. 2002) (per curiam) (“A district court’s conclusion that a defendant’s waiver is valid—that it is knowing, voluntary, and intelligent—is a mixed question of law and fact that we review de novo.”); United States v. Turner, 287 F.3d 980, 983 (10th Cir. 2002); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001); Holman v. Kemna, 212 F.3d 413, 420 (8th Cir. 2000); Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir. 2000) (en banc); United States v. Cunningham, 145 F.3d 1385, 1392 (D.C.
cited Cited as authority (rule) Egerson v. Winkelski
E.D. Wis. · 2020 · confidence medium
In determining whether a defendant waived the right to counsel, the court will “indulge every reasonable presumption against waiver.” United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001).
discussed Cited as authority (rule) Emmanuel Arrington v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2019 · confidence medium
When applying these factors, we acknowledge that the trial court “is in the best position to assess whether a Court of Appeals of Indiana | Memorandum Decision 19A-CR-94 | November 20, 2019 Page 12 of 30 defendant has knowingly and intelligently waived counsel[.]” Poynter, 749 N.E.2d at 1128 (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001)).
cited Cited as authority (rule) United States v. Thomas Balsiger
7th Cir. · 2018 · confidence medium
See United States v. James, 487 F.3d 518, 527 (7th Cir. 2007); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001).
cited Cited as authority (rule) United States v. Thomas Balsiger
7th Cir. · 2018 · confidence medium
See United States v. James, 487 F.3d 518, 527 (7th Cir. 2007); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001).
discussed Cited as authority (rule) Patrick Holmes v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
“The more complicated the case, and the more involved the pre-trial proceedings, the earlier a ‘reasonable’ assertion will naturally be, and vice-versa.” Id. at 64 , 383 N.E.2d at 315 . “[W]e will most likely uphold the trial judge’s decision to honor or deny the defendant’s request to represent himself where the judge has made the proper inquiries and conveyed the proper information, and reaches a reasoned conclusion about the defendant’s understanding of his rights and voluntariness of his decision.” Poynter v. State, 749 N.E.2d 1122, 1128 (Ind. 2001) (citing United States …
discussed Cited as authority (rule) Michael Riggle v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2018 · confidence medium
The Indiana Supreme Court has held that it is sufficient that the trial court make the defendant “aware of the dangers and disadvantages of self-representation, so that the record will establish that he knows what he is doing and his choice is made with eyes open.” Leonard, 579 N.E.2d at 1295 (internal citation omitted). [13] In reviewing the adequacy of a waiver, we consider four factors: “(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-repres…
discussed Cited as authority (rule) James A. Hart v. State of Indiana
Ind. Ct. App. · 2017 · confidence medium
To determine whether Poyn-ter’s waiver had been knowing and intelligent, the court considered the following four factors established by the Seventh *941 Circuit Court of Appeals: “ ‘(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant’s decision to proceed pro se.’” Id. at 1127-28 (quoting U.S. v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001))…
cited Cited as authority (rule) Terral Lerron Golden v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Id. (citing United States v. Hoskins, 243 F.3d 407, 411 (7th Cir. 2001)). [22] Here, the trial court engaged in a repeated, extensive inquiry into Golden’s desire to represent himself.
cited Cited as authority (rule) United States v. Charles Thomas
7th Cir. · 2016 · confidence medium
See, e.g., United States v. James, 487 F.3d 518, 527 (7th Cir. 2007); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001).
discussed Cited as authority (rule) Eugene Dullen v. State of Indiana (mem. dec.)
Ind. Ct. App. · 2016 · confidence medium
Poynter, 749 N.E.2d at 1127 -28 (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001) (finding defendant’s conduct to be sufficient to imply Court of Appeals of Indiana | Memorandum Decision 49A02-1506-CR-505 | February 15, 2016 Page 10 of 12 waiver, and that trial court’s inquiry was sufficient and provided explicit warning of consequences of continued conduct)). [17] Regarding the first factor, the trial court, here, inquired repeatedly and extensively into Dullen’s decision to represent himself.
discussed Cited as authority (rule) Wayne D. Kubsch v. Ron Neal (2×)
7th Cir. · 2015 · confidence medium
Both the Indiana Supreme Court and this circuit consider four factors in the waiver inquiry: “(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evi- dence in the record that establishes whether the defendant understood the dangers and disadvantages of self- representation, (3) the background and experience of the de- fendant, and (4) the context of the defendant’s decision to proceed pro se.” Kubsch II, 866 N.E.2d at 736 , quoting Poynter v. State, 749 N.E.2d 1122 , 1127–28 (Ind. 2001), quoting in turn United States v. Hoskins, 243 F.3d 407, 410 (7th Ci…
discussed Cited as authority (rule) Gabriel Kowalskey v. State of Indiana
Ind. Ct. App. · 2015 · confidence medium
The Court then observed that several courts have held that a verbal waiver of the right to counsel may not be necessary and that “so long as the ... court has given a defendant sufficient opportunity to retain the assistance of ... counsel, defendant’s actions which have the effect of depriving himself of ... counsel will establish a knowing and intentional choice.” Id. (citing United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001) (finding the defendant’s conduct to be sufficient to imply waiver and that the trial court’s inquiry was sufficient and provided explicit warning of c…
cited Cited as authority (rule) United States v. Milford Clark
7th Cir. · 2014 · confidence medium
See, e.g., United States v. James, 487 F.3d 518, 527 (7th Cir.2007); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001).
discussed Cited as authority (rule) Andrew Prairie v. State of Indiana (2×) also: Cited "see"
Ind. Ct. App. · 2014 · confidence medium
Four factors are considered when reviewing whether a defendant knowingly and intelligently waived his right to counsel: “(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant’s decision to proceed pro se.” Id. at 1127-28 (quoting U.S. v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001)).
discussed Cited as authority (rule) Wade R. Meisberger v. State of Indiana
Ind. Ct. App. · 2013 · confidence medium
In Kubsch, our supreme court reiterated its adoption of the four-factor test set forth by the Seventh Circuit for purposes of appellate review of waiver of counsel in criminal cases: We consider four factors: “‘(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant’s decision to proceed pro se.’” Poynter v. State, 749 N.E.2d 1122 , 6 1127–28 (Ind…
cited Cited as authority (rule) United States v. Fernando Sanchez-Garcia
8th Cir. · 2012 · confidence medium
United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001); see also King v. Bobby, 433 F.3d 483, 492-493 (6th Cir.2006); United States v. Irorere, 228 F.3d 816, 826-827 (7th Cir.2000).
discussed Cited as authority (rule) Gilmore v. State
Ind. Ct. App. · 2011 · confidence medium
Our Supreme Court adopted the analysis in United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001), 3 and found that because the defendant had not been warned of the dangers and disadvantages of self-representation, his waiver of the right to counsel was not made knowingly or intelligently, although his choice to sleep and work instead of locating an attorney potentially reflected a voluntary waiver. 749 N.E.2d at 1128 .
cited Cited as authority (rule) Taylor v. State
Ind. Ct. App. · 2011 · confidence medium
Id. at 1127-28 (quoting United States v. Hoskins, 243 F.3d 407, 411 (7th Cir.2001)).
discussed Cited as authority (rule) Hopper v. State
Ind. Ct. App. · 2010 · confidence medium
Rather, appellate courts generally consider four factors when reviewing the adequacy of a waiver of counsel: " '(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (8) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se." 2 Poynter v. State, 749 N.E.2d 1122, 1127-28 (Ind.2001) (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)).
discussed Cited as authority (rule) As v. State
Ind. Ct. App. · 2010 · confidence medium
Although there are no specific "talking points," our Supreme Court has adopted four factors to consider when determining whether a knowing and voluntary waiver occurred: "(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se." Poynter v. State, 749 N.E.2d 1122, 1127-28 (Ind.2001) (quoting United States v. Hoskins, 243 F.3d 407, …
discussed Cited as authority (rule) A.S. v. State
Ind. Ct. App. · 2010 · confidence medium
Although there are no specific "talking points," our Supreme Court has adopted four factors to consider when determining whether a knowing and voluntary waiver occurred: "(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (8) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se." Poynter v. State, 749 N.E.2d 1122, 1127-28 (Ind.2001) (quoting United States v. Hoskins 243 F.3d 407, 4…
discussed Cited as authority (rule) RW v. State
Ind. Ct. App. · 2009 · confidence medium
Our Supreme Court has adopted four factors to consider when determining whether a knowing and intelligent waiver occurred: "(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se." Id. at 1127-28 (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001)).
discussed Cited as authority (rule) R.W. v. State
Ind. Ct. App. · 2009 · confidence medium
Our Supreme Court has adopted four factors to consider when determining whether a knowing and intelligent waiver occurred: "(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (8) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se." Id. at 1127-28 (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001).
discussed Cited as authority (rule) Drake v. State
Ind. Ct. App. · 2008 · confidence medium
Our Supreme Court has adopted four factors to consider when determining whether a knowing and intelligent waiver occurred: “(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant’s decision to proceed pro se.” Id. at 1127-28 (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)). *393 The trial court is in the best position to assess …
cited Cited as authority (rule) United States v. Johnson, Thomas
7th Cir. · 2008 · confidence medium
No. 06-3812 5 California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001).
cited Cited as authority (rule) United States v. Johnson
7th Cir. · 2008 · confidence medium
Faretta v. California, 422 U.S. 806, 835 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975); United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001).
discussed Cited as authority (rule) Castel v. State
Ind. Ct. App. · 2007 · confidence medium
To review the adequacy of a waiver, we consider four factors: “(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant’s decision to proceed pro se.” Id. (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)).
discussed Cited as authority (rule) Jackson v. State (2×)
Ind. · 2007 · confidence medium
In rejecting this contention, we noted that in waiver-by-conduct cases where the waiver is deemed knowing and intelligent the finding “invariably included evidence of an admonition to the defendant on the dangers and disadvantages of self-representation.” Id. at 1126 (citing United States v. Hoskins, 243 F.3d 407, 411 (7th Cir.2001); United States v. Irorere, 228 F.3d 816, 828 (7th Cir.2000); United States v. Kneeland, 148 F.3d 6, 11 (1st Cir.1998); United States v. Bauer, 956 F.2d 693, 695 (7th Cir.1992); United States v. Weninger, 624 F.2d 163, 167 (10th Cir.1980)).
discussed Cited as authority (rule) Kubsch v. State
Ind. · 2007 · confidence medium
We consider four factors: “ ‘(1) the extent of the court’s inquiry into the defendant’s decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (3) the background and experience of the defendant, and (4) the context of the defendant’s decision to proceed pro se.’ ” Poynter v. State, 749 N.E.2d 1122, 1127-28 (Ind.2001) (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)).
discussed Cited as authority (rule) United States v. Todd, Vincent
7th Cir. · 2005 · confidence medium
The Sixth Amendment guarantees the right to counsel not just at trial, but during all “critical stages of the prosecu- tion.” United States v. Lane, 804 F.2d 79, 81 (7th Cir. 1986) 1 Both parties cite United States v. Hoskins, 243 F.3d 407, 410 (7th Cir. 2001), for the proposition that the standard of review for Todd’s waiver claim is de novo.
cited Cited as authority (rule) United States v. Vincent Todd
7th Cir. · 2005 · confidence medium
Both parties cite United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001), for the proposition that the standard of review for Todd’s waiver claim is de novo.
discussed Cited as authority (rule) Beatty v. Caruso
6th Cir. · 2003 · confidence medium
In a similar case, a defendant who was fully aware when he decided to discharge his counsel that he would have to proceed pro se was held to have validly waived counsel “with eyes open.” United States v. Hoskins, 243 F.3d 407, 410-11 (7th Cir.2001) (finding that defendant’s hope to retain substitute counsel did not make his waiver equivocal).
cited Cited as authority (rule) Balfour v. State
Ind. Ct. App. · 2002 · confidence medium
U.S. v. Hoskins, 243 F.3d 407, 410-11 (7th Cir.2001).
cited Cited as authority (rule) Kroegher v. State
Ind. Ct. App. · 2002 · confidence medium
Id. (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)).
discussed Cited as authority (rule) Slayton v. State
Ind. Ct. App. · 2001 · confidence medium
Our supreme court considered the following four factors: "(1) the extent of the court's inquiry into the defendant's decision, (2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, (8) the background and experience of the defendant, and (4) the context of the defendant's decision to proceed pro se." Id. at 1127-28 (quoting United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)).
discussed Cited as authority (rule) Poynter v. State (2×) also: Cited "see"
Ind. · 2001 · confidence medium
Several courts have held, however, that a verbal waiver of the right to counsel may not be necessary “so long as the ... court has given a defendant sufficient opportunity to retain the assistance of ... counsel, defendant’s actions which have the effect of depriving himself of ... counsel will establish a knowing and intentional choice.” United States v. Hoskins, 243 F.3d 407, 410 (7th Cir.2001)(finding defendant’s conduct to be sufficient to imply waiver, and that trial court’s inquiry was sufficient and provided explicit warning of consequences of continued conduct); see also Unit…
discussed Cited "see" United States v. Joseph Banks
7th Cir. · 2016 · signal: see · confidence high
See United States v. Hoskins, 243 F.3d 407, 409 (7th Cir. 2001) (upholding waiver where district court advised defendant that he “would be far better off being defended by a trained lawyer and that it would be ‘unwise’ to defend himself because of the complexity of the legal issues involved”).
discussed Cited "see" United States v. Joseph Banks
7th Cir. · 2016 · signal: see · confidence high
See United States v. Hoskins, 243 F.3d 407, 409 (7th Cir. 2001) (upholding waiver where district court advised defendant that he “would be far better off being defended by a trained lawyer and that it would be ‘unwise’ to defend himself be‐ cause of the complexity of the legal issues involved”).
discussed Cited "see" United States v. Harrington
7th Cir. · 2016 · signal: see · confidence high
See United States v. Hoskins, 243 F.3d 407, 409 (7th Cir.2001) (upholding waiver of counsel after trial where district court advised defendant that he “would be far better off being defended by a trained lawyer” and it would be “unwise” to defend himself given complexity of the case).
discussed Cited "see" United States v. Perry Harrington
7th Cir. · 2016 · signal: see · confidence high
See United States v. Hoskins, 243 F.3d 407, 409 (7th Cir. 2001) (upholding waiver of counsel after trial where district court advised defendant that he “would be far better off being defended by a trained lawyer” and it would be “unwise” to defend himself given complexity of the case).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Rosivito HOSKINS, Defendant-Appellant
00-2470.
Court of Appeals for the Seventh Circuit.
Mar 21, 2001.
243 F.3d 407
Andrew B. Baker, Jr. (Argued), Office of the United States Attorney, Dyer, IN, for Plaintiff-Appellee., Jonathan M. Wier (Argued), Mayer, Brown & Platt, Chicago, IL, for Defendant-Appellant.
Bauer, Coffey, Manion.
Cited by 51 opinions  |  Published
COFFEY, Circuit Judge.

Rosivito Hoskins was convicted for being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1), and sentenced to 293 months imprisonment and five years supervised release. Hoskins appeals, arguing that he was denied his Sixth Amendment right to counsel at sentencing when the district court refused to appoint substitute counsel after Hoskins discharged his appointed counsel. We affirm.

I. FACTUAL BACKGROUND

On August 19,1999, a federal grand jury indicted Rosivito Hoskins for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Hoskins went to trial on November 29, 1999, with Mr. Michael W. Bosch as his court-appointed counsel. On December 2, 1999, the jury informed the trial judge that they had been unable to reach a unanimous verdict at the time, and shortly thereafter the court granted the government’s motion for a mistrial. A second trial commenced on December 10, 1999, and the jury returned a verdict of guilty. The trial court scheduled sentencing for March 9, 2000.

On March 6, 2000, Hoskins filed pro se a motion entitled “Emergency Notification of ineffective assistance of counsel” that included complaints about his appointed attorney and objections to the presentence investigation report (PSIR). Hoskins asserted that his appointed counsel, Mr. Bosch, “failed to object to various parts of the report which ... [were] inaccurate, ... and that there [were] legal objections ... that counsel should [have] pursued.” In response to Hoskins’s motion, the dis[*409] trict court held a hearing March 7, 2000, on Hoskins’s claim of ineffective assistance of counsel. At the outset of the hearing, the court engaged in the following colloquy with Hoskins:

THE COURT: Mr. Hoskins, I will tell you now that when I appoint an attorney, it does not guarantee a result, number one. Number two, when I appoint an attorney, that does not guarantee that I will give you another attorney. Do you understand?
THE DEFENDANT: Yes.
THE COURT: If you discharge your attorney and I will tell [you] if you discharge him, you have complete control over that. You can fire him, but I may not give you another attorney; and you may have to represent yourself pro se. Do you understand me?
THE DEFENDANT: Yes.

After warning Hoskins that he might have to proceed pro se if he chose to discharge his attorney, the court asked him why he wanted to terminate Mr. Bosch’s services. Hoskins responded only, “because he’s not in my best interests.” The court then asked Hoskins on what was he basing his belief, and Hoskins stated that he had been “sitting over in MCC for almost eighty days, and this is the first time [he had] seen” Mr. Bosch since the conclusion of the trial. Despite further inquiry, the trial judge was unable to elicit any other information from Hoskins as to the reasons for his dissatisfaction with his appointed attorney. Nevertheless, the court offered to grant Hoskins a continuance in order that he might talk further with Mr. Bosch, specifically about his objections to the PSIR, but Hoskins responded stating that he “doubt[ed]” that would satisfy him.

The court continued its attempt to determine the basis for Hoskins’s dissatisfaction with his appointed attorney, Mr. Bosch, apart from Mr. Bosch’s failure to visit Hoskins after his conviction. But Hos-kins only repeated that he didn’t “think [counsel] has the best of interest to defend me.” When asked for the specific basis for his opinion, Hoskins responded “[because that’s the way I feel.” The court described Hoskins’s motion as “a stall tactic.” Accordingly, because Hoskins had provided no reason for the appointment of substitute counsel, the court denied his request for new counsel as untimely.

After the court denied Hoskins’s request for other counsel, it proceeded to discuss the ramifications of discharging his present-appointed counsel. The court explained to Hoskins that he had denied his motion for a new attorney, and that it was his choice now between representing himself or keeping Mr. Bosch as his counsel. The court further'advised Hoskins that he would be far better off being defended by a trained lawyer and that it would be “unwise” to defend himself because of the complexity of the legal issues involved. The court then asked him if he had ever studied the law or applied the Sentencing Guidelines, and Hoskins responded that he had not. Although Hoskins responded that he was “not going to represent [himself,]” he persisted in expressing his desire to discharge Mr. Bosch. At this time, the court repeated its offer to grant Hoskins a continuance to allow him to talk with Mr. Bosch and reconsider his decision. Hos-kins accepted the continuance, and the trial judge continued the hearing on Hos-kins’s .motion to March 15, 2000.

At the continued hearing, the court again informed Hoskins that his choices were to proceed pro se or to continue with Mr. Bosch as his appointed counsel. The court also provided Hoskins still another opportunity to explain why he was not satisfied with Mr. Bosch, but Hoskins only repeated the same arguments he had made at the March 9 hearing. Ultimately, when faced with the choice between proceeding with Mr. Bosch and representing himself, Hoskins stated that he “want[ed] to fire [Mr. Bosch] and go pro se.” Accordingly, the court discharged Mr. Bosch, but also granted a second continuance, now re[*410] scheduling the sentencing hearing for April 21, 2000, so that Hoskins might retain counsel.

On April 21, 2000, Hoskins asked the court for another continuance so that his mother could obtain a loan on her house and apply those proceeds to obtain counsel. The court granted this continuance, but warned Hoskins that the sentencing would proceed on May 23, 2000, regardless of whether Hoskins had successfully obtained counsel. Hoskins agreed to “be ready to go with or without” counsel. On May 23, 2000, the court conducted Hos-kins’s sentencing hearing. Hoskins advised the court that he had been unable to retain substitute counsel, and thus proceeded to represent himself pro se. The court sentenced Hoskins to the maximum allowed in the Sentencing Guidelines, 293 months imprisonment and five years supervised release.

II. ISSUES

Hoskins asserts on appeal that the district court’s refusal to appoint new counsel after it discharged his appointed counsel denied him his Sixth Amendment right to counsel at sentencing because Hoskins claims that: 1) he had not waived his Sixth Amendment right to counsel; and 2) even if he had waived his right to counsel, he did not do so knowingly and intelligently. We review de novo the district court’s finding of a waiver of the right to counsel. United States v. Altier, 91 F.3d 953, 955 (7th Cir.1996).

III. DISCUSSION

Hoskins was entitled to counsel during sentencing. Rini v. Katzenbach, 403 F.2d 697 (7th Cir.1968). Like other constitutional rights, the right to the assistance of counsel can be waived. United States v. Sandles, 23 F.3d 1121, 1126 (7th Cir.1994). If a criminal defendant seeks to waive his Sixth Amendment right to counsel, he must do so knowingly and intelligently. United States v. Irorere, 228 F.3d 816, 828 (7th Cir.2000). In determining whether a defendant has knowingly and intelligently waived his right to counsel, we will “ ‘indulge every reasonable presumption against waiver.’ ” United States v. Goad, 44 F.3d 580, 588 (7th Cir.1995) (quoting United States v. Belanger, 936 F.2d 916, 919 (7th Cir.1991) (citations omitted)). It is not necessary, however, “ ‘that the defendant verbally waive his right to counsel; so long as the district court has given a defendant sufficient opportunity to retain the assistance of appointed counsel, defendant’s actions which have the effect of depriving himself of appointed counsel will establish a knowing and intentional choice.’ ” Irorere, 228 F.3d at 828 (quoting United States v. Fazzini, 871 F.2d 635, 642 (7th Cir.1989)).

Hoskins initially argues that he never unequivocally waived his right to counsel. In support Hoskins points to his desire to retain counsel and to the portion of his colloquy before the district court wherein he stated, “I’m not going to represent myself pro se.” But although Hoskins claims that he made it clear he wanted substitute counsel, he also clearly signaled his willingness to proceed pro se if Bosch were his only choice. During the colloquy, Hoskins stated that he “want[ed] to fire [Mr. Bosch] and go pro se.” Further, the trial judge repeatedly warned Hoskins that he might not appoint other counsel if Hos-kins chose to fire Mr. Bosch. Moreover, the trial judge explicitly ruled that it would not appoint substitute counsel before Hoskins decided whether to discharge Mr. Bosch. Thus, Hoskins was fully aware when he made his decision to discharge Mr. Bosch that he would have to proceed pro se unless he retained counsel. See Oimen v. McCaughtry, 130 F.3d 809, 811 (7th Cir.1997) (defendant’s insistence on discharging counsel held to be a waiver of the right to counsel where he was warned that he might not get new counsel). Accordingly, Hoskins made his choice “with eyes open,” United States v. [*411] Avery, 208 F.3d 597, 601 (7th Cir.2000) (quoting Faretta v. California, 422 U.S. 806, 835, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975)), and his hope to retain counsel does not make his waiver equivocal.

Hoskins next argues that, even if he did waive his right to counsel, his waiver was not knowingly and intelligently made. We examine four factors in considering whether a defendant’s waiver was knowing and intelligent: 1) the extent of the court’s inquiry into the defendant’s decision; 2) other evidence in the record that establishes whether the defendant understood the dangers and disadvantages of self-representation, 3) the background and experience of the defendant, and 4) the context of the defendant’s decision to proceed pro se. United States v. Moya-Gomez, 860 F.2d 706, 735-36 (7th Cir.1988); Sandles, 23 F.3d at 1126. The district court is in the best position to assess whether a defendant has knowingly and intelligently waived counsel, and we will

most likely uphold the trial judge’s decision to honor or deny the defendant’s request to represent himself where the judge has made the proper inquiries and conveyed the proper information, and reaches a reasoned conclusion about the defendant’s understanding of his rights and the voluntariness of his decision.

Goad, 44 F.3d at 588 (quoting United States v. Berkowitz, 927 F.2d 1376, 1383 (7th Cir.1991)).

Based on our review of the record, we are satisfied that the district court made an adequate inquiry into Hoskins’s understanding of the advantages and disadvantages of proceeding pro se. In this case, the district court engaged in a lengthy colloquy, over the course of a two-day hearing, with Hoskins before discharging Mr. Bosch. In that colloquy, the district court “advised [Hoskins] about ... the benefits associated with the right to counsel, the pitfalls of self-representation, and the fact that it is unwise for one not trained in the law to try to represent himself.” Goad, 44 F.3d at 586 (quoting Berkowitz, 927 F.2d at 1383). The district court repeatedly warned Hoskins of the consequences of proceeding pro se and advised him against it. It discussed the complexity of the Sentencing Guidelines and Hoskins’s lack of familiarity with them. Further, the court granted a continuance in the hearing on Hoskins’s motion in order that Hoskins might confer with Mr. Bosch and reflect further upon his stated decision. Finally, the district court explicitly informed Hoskins that it would not appoint a substitute counsel before Hoskins fired Mr. Bosch. Accordingly, we are convinced that the record as a whole supports our holding that Hoskins was provided with sufficient information to make a knowing and intelligent waiver of his right to counsel; indeed, we are of the opinion that the district court did everything in its power to convince Hoskins to reconsider his decision to proceed pro se.

The judgment and sentence of the district COUrt ÍS AFFIRMED.