United States v. Armando Cabrera-Perez

MEMORANDUM

Defendant-Appellant Armando Cabrera-Perez was convicted by a jury of one count of illegal reentry in violation of 8 U.S.C. § 1326 and one count of aggravated identity theft in violation of 18 U.S.C. § 1028A. On appeal, Cabrera-Perez argues that the district court abused its discretion when it denied his request for a new attorney. Cabrera-Perez also argues that the district court erred at sentencing by refusing to grant him a two level reduction for acceptance of responsibility. “We review the denial of a motion for substitution of counsel for abuse of discretion,” United States v. Nguyen, 262 F.3d 998, 1004 (9th Cir.2001), and the denial of a defendant’s request for a downward adjustment for acceptance of responsibility under the clearly erroneous standard, United States v. Cooper, 912 F.2d 344, 345 (9th Cir.1990), and affirm.

1. In evaluating a district court’s denial of a request for a new attorney, this Court considers three factors: “(1) the adequacy of the court’s inquiry into the defendant’s complaint, (2) the extent of the conflict between the defendant and counsel, and (3) the timeliness of the motion and the extent of resulting inconvenience or delay.”…