United States v. Christopher Darrell

MEMORANDUM

Defendant Christopher Darrell appeals his jury convictions for one count of assault with a dangerous weapon, in violation of 18 U.S'.C. § 1153 and § 113(a)(3); one count of assault resulting in serious bodily injury, in violation of 18 U.S.C. § 1153 and § 113(a)(6); and one count of robbery, in violation of 18 U.S.C. § 1153 and § 2111.

First, Defendant claims that the district court abused its discretion and constructively denied him his Sixth Amendment right to counsel by denying his motion for substitution of counsel. Generally, denial of a motion for substitution of counsel is reviewed for abuse of discretion. United States v. Mendez-Sanchez, 563 F.3d 935, 942 (9th Cir. 2009). We review de novo a claim of denial of a defendant’s Sixth Amendment right to counsel because of an irreconcilable conflict with counsel. United States v. Moore, 159 F.3d 1154, 1158 (9th Cir. 1998).

“The test for determining whether the [district court] should have granted a substitution motion is the same as the test for determining whether an irreconcilable conflict existed.” Daniels v. Woodford, 428 F.3d 1181, 1197 (9th Cir. 2005). We consider: (1) the’ extent of the conflict; (2) the…