The following excerpt is from U.S. v. Nohara, 3 F.3d 1239 (9th Cir. 1993):
This argument is precluded by United States v. Edwards, 897 F.2d 445 (9th Cir.), cert. denied, 498 U.S. 1000, 111 S.Ct. 560, 112 L.Ed.2d 567 (1990). In Edwards, the defendant wanted to testify, but the lawyer misunderstood him and did not call him as a witness. Id. at 446. We held the court has no duty to advise the defendant of his right to testify, nor is the court required to ensure that an on-the-record waiver has occurred. Id. When a defendant is silent in the face of his attorney's decision not to call him as a witness, he has waived his right to testify. Id. at 447.
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