Dompier

United States v. Dompier

Good Law
361 F. App'x 823
United States Court of Appeals for the Ninth CircuitJanuary 7, 201007-30360California1,435 words

Opinion

Opinion

MEMORANDUM

Richard James Dompier appeals his conviction and sentence for mail fraud in violation of 18 U.S.C. § 1341 , interstate transportation of money taken by fraud in violation of 18 U.S.C. § 2314 , money laundering in violation of 18 U.S.C. § 1957 , and failing to file corporate tax returns in violation of 26 U.S.C. § 7203 . We affirm.

1. Motion for Substitution of Counsel

We reject Dompier’s claim that the district court abused its discretion in denying Dompier’s motion for substitution of counsel. The district court’s decision to deny a substitution motion is reviewed for abuse of discretion. United States v. Mendez-Sanchez, 563 F.3d 935, 942 (9th Cir.2009). “Under our established rule, we consider: (1) the timeliness of the motion; (2) the adequacy of the district court’s inquiry [into the asserted conflict between the defendant and his counsel]; and (3) whether the asserted conflict was so great as to result in a complete breakdown in communication and a consequent inability to present a defense.” Id. (citing United States v. Prime, 431 F.3d 1147, 1154 (9th Cir.2005)); see United States v. Adelzo-Gonzalez, 268 F.3d 772, 777 (9th Cir.2001) (“Before ruling on a motion…

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