United States v. Gabriel Salcedo

MEMORANDUM

Gabriel Ruiz Salcedo appeals his conviction and sentence for conspiracy to distrib ute and possess with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846, and attempt to possess with intent to distribute 50 grams or more of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court did not abuse its discretion in denying Salcedo’s request to replace his trial counsel. In reviewing a denial of a motion for substitution of counsel, we consider: “(1) the adequacy of the district court’s inquiry; (2) the extent of the conflict between the defendant and counsel; and (3) the timeliness of defendant’s motion.” United States v. Reyes-Bosque, 596 F.3d 1017, 1033 (9th Cir.2010).

Here, the district court adequately conducted an inquiry before denying Salce-do’s request. See United States v. Nguyen, 262 F.3d 998, 1004 (9th Cir.2001) (“For an inquiry ... to be sufficient, the trial court should question the attorney or defendant privately and in depth, and examine available witnesses.” (internal citations and quotation marks omitted)). The…