United States v. Ervin Osorio
Opinion
Opinion
MEMORANDUM
Ervin Osorio appeals his conviction for conspiracy to distribute and distribution of 50 grams or more of methamphetamine in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we reverse.
The district court abused its discretion by denying Osorio’s motion for a 45-day continuance so that he could retain and proceed to trial with his counsel of choice. See United States v. Nguyen, 262 F.3d 998, 1003 (9th Cir.2001) (“[A]n ‘unreasoning and arbitrary insistence upon expeditiousness in the face of a justifiable request for delay violates the right to the assistance of counsel.’ ” (quoting Morris v. Slappy, 461 U.S. 1, 11-12 , 103 S.Ct. 1610 , 75 L.Ed.2d 610 (1983)) (internal quotation marks omitted)). Although the motion was filed after the motions deadline, it was not untimely under the circumstances of this case. It was filed almost immediately after Osorio learned that his co-defendants had changed their pleas and would be testifying against him. Additionally, Osorio had made his initial appearance less than two months prior to the date of the motion, and he had not previously requested any continuances.