UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

vs.

TIM THEMY-KOTRONAKIS,

Defendant-Appellant.

No. 97-4166

(	D.C. No. 86-486-G)

(D. Utah)

ORDER AND JUDGMENT*

Before PORFILIO, KELLY , and HENRY , Circuit Judges.**

Defendant-Appellant Tim Themy-Kotronakis appeals from the district court's revocation of probation and imposition of six months imprisonment. Mr. Themy-Kotronakis contends the district court's failure to apprise him of the disadvantages of proceeding without full representation of counsel invalidates his waiver of such benefits and entitles him to a new revocation hearing. Our jurisdiction arises under 28 U.S.C. § 1291 and we affirm.

Mr. Themy-Kotronakis argues the district court failed to make inquiry regarding his waiver of representation by counsel. However, we review de novo whether Mr. Themy-Kotronakis waived his right to counsel, see Brewer v. Williams, 430 U.S. 387, 397 n.4 (1977), and believe he did not. A waiver of the right to be represented by counsel must be knowing and intelligent, see Farretta v. California, 422 U.S. 806, 835 (1975); if anything, the record here discloses Mr. Themy-Kotronakis knowingly and intelligently preserved his right to the aid of counsel at his revocation hearing. See Aplt. App. at 3-12. In response to Mr. Themy-Kotronakis' request, the district court ordered the appointment of standby counsel, see Aplt. App. at 14, and Mr. Themy-Kotronakis was so assisted at the hearing. See Aplt. App. at 17-18; id. at 43- 61. There being no waiver of the right to counsel, the question of its validity is moot.

AFFIRMED.

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge