United States v. Francisco Beltran Valdez

MEMORANDUM

Francisco Beltran Valdez appeals from the district court’s judgment following his jury-trial conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326 , and challenges the denial of his requests for substitute counsel and his second denial of his request to proceed pro se. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Beltran Valdez contends that he had an irreconcilable conflict with his counsel and therefore the district court erred by denying his request for substitute counsel. We review a district court’s denial of a motion to substitute counsel for abuse of discretion. See United States v. Mendez-Sanchez, 563 F.3d 935, 942 (9th Cir.2009). There was no abuse of discretion. The record reflects that the district court’s inquiry allowed it to make an informed decision, and that there were no “striking signs” of an extensive or irreconcilable conflict between Beltran Valdez and appointed counsel. See id. at 942-44 .

Beltran Valdez also contends that the district court erred by failing to conduct a hearing under Faretta v. California, 422 U.S. 806 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975), after he indicated he…