United States v. James Watson

MEMORANDUM

James W. Watson appeals the judgment of conviction and his sentence for felony possession of a firearm. Watson raises as error the district court’s denial of two motions to withdraw by his appointed counsel and argues the district court committed procedural error during sentencing. We affirm.

Watson argues that the district court abused its discretion by denying counsel’s motions to withdraw. The district court did not abuse its discretion in denying the motions based on the expansive record before it, including the transcript of an earlier hearing at which Watson withdrew his prior motion to represent himself and letters from Watson to the court, his attorney’s supervisor, and the prosecution detailing the difficulties in the attorney-client relationship. The district court’s conclusion that the breakdown in the relationship did not necessitate substitution of counsel was warranted on the record before it, even if holding a hearing would have been preferable. See United States v. Smith, 282 F.3d 758, 764 (9th Cir.2002) (“[UJnder certain circumstances, ... the failure to conduct a hearing is not by itself an abuse of discretion.”). Although troubled, the…