United States v. Larry Walker

915 F.2d 480 UNITED STATES of America, Plaintiff-Appellee, v. Larry WALKER, Defendant-Appellant. No. 89-30113. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1990. Decided Sept. 25, 1990. Walter Share, Seattle, Wash., for defendant-appellant. Richard A. Jones, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee. Appeal from the United States District Court for the Western District of Washington. Before FARRIS, PREGERSON and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Larry Walker appeals his conviction on charges of conspiracy to distribute lysergic acid diethylamide (LSD) and aiding and abetting the distribution of over ten grams of a mixture containing LSD. Walker challenges the jury instructions and the district court's refusal to appoint substitute counsel for him. We find that Walker was improperly denied substitute counsel and therefore reverse and remand for a new trial. FACTS AND PROCEDURAL HISTORY 2 Roger Wilcox was the subject of a Drug Enforcement Agency (DEA) investigation into sales of LSD in the summer of 1987. As part of this investigation, a confidential DEA informant arranged to purchase quantities of LSD from Wilcox.…

dissenting:

I dissent.

Larry Walker appeals his conviction on charges of conspiracy to distribute lysergic acid diethylamide (LSD) and aiding and abetting the distribution of over ten grams of a mixture containing LSD. Walker challenges the jury instructions and the district court’s refusal to appoint substitute counsel for him. We find that Walker was improperly denied substitute counsel and therefore reverse and remand for a new trial.

EACTS AND PROCEDURAL HISTORY

Roger Wilcox was the subject of a Drug Enforcement Agency (DEA) investigation into sales of LSD in the summer of 1987. As part of this investigation, a confidential DEA informant arranged to purchase quantities of LSD from Wilcox. DEA agents taped telephone conversations between Wilcox and his source for the drug, whom Wilcox later identified as Walker. The informant and an undercover agent also received telephone calls from a man in connection with the drug sales, whose voice Wilcox also identified as Walker’s.

During the course of their surveillance of Wilcox, the agents observed him pick up quantities of LSD at Walker’s residence. They also followed Wilcox and a man identified as Walker when they drove to Seattle-Tacoma International…