United States v. Jose Marquez

MEMORANDUM

Jose Alberto Marquez challenges his conviction for conspiracy to distribute 50 grams or more of methamphetamine and for aiding and abetting possession with intent to distribute 50 grams or more of methamphetamine. He also appeals the concurrent life sentences imposed for the crimes, which were mandatory due to his prior felony drug convictions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court did not abuse its discretion in refusing to grant a continuance because the trial had begun, multiple continuances had already been granted, and there was no indication that defense counsel was unprepared. See United States v. Thompson, 587 F.3d 1165, 1173-75 (9th Cir.2009).

Marquez argues that the district court should have assigned him a new lawyer after he complained about his attorney on the first day of trial and through multiple letters to the court. For starters, we reject the Government’s suggestion that the Local Rules prohibited the judge from considering such letters. The rules preventing ex parte communications were not designed to prevent a prisoner from expressing concerns about his counsel to the court. Upon receiving the letters,…