United States v. Ignacio Galvan-Benavides

MEMORANDUM

Ignacio Galvan-Benavides appeals his conviction and sentence for reentry of re moved aliens, 8 U.S.C. § 1826 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Galvan-Benavides first argues that he was denied his Sixth Amendment right to counsel when the district court denied his motion to appoint new counsel for him due to the irreconcilable breakdown of the attorney-client relationship.

At the ex parte hearing on the motion, the district court inquired of both Galvan-Benavides and his counsel about the nature of the conflict. The district court asked specific and targeted questions and received detailed answers. Galvan-Benavides expressed frustration with counsel’s alleged lack of interest in his case and with her failure to relay to the court his request to be transported to unrelated state judicial proceedings before a different court regarding his son. Galvan-Benavides also expressed concern that he would not receive credit for the time he had been detained prior to trial. Counsel responded that Galvan-Benavides had not brought this last concern to her attention and that she did not relay Galvan-Benavides’s request for transportation to attend…