United States v. Johnny Stewart

MEMORANDUM

Johnny Stewart raises a number of arguments on appeal challenging his convictions and his sentence, while Clayton Stewart raises several arguments challenging his sentence. We will address Johnny Stewart’s arguments first, before turning to the one argument that Clayton Stewart raises that relates to his sentence alone. We will then address the remaining arguments that are raised jointly with respect to both defendants’ sentences.

1. Johnny Stewart’s Arguments

a. The district court did not abuse its discretion in denying Johnny Stewart’s request for substitute counsel. The district court’s inquiry into the attorney-client conflict was more than adequate. The court allowed Stewart “to express freely his concerns,” United States v. Castro, 972 F.2d 1107, 1110 (9th Cir.1992), overruled on other grounds by United States v. Jimenez Recio, 537 U.S. 270 , 123 S.Ct. 819 , 154 L.Ed.2d 744 (2003), and the court’s questions were “targeted toward understanding the crux of the disagreement,” United States v. Mendez-Sanchez, 563 F.3d 935, 943 (9th Cir.2009). Those inquiries revealed that counsel had not abandoned Stewart or otherwise left him without trained legal representation.…