United States v. Sukhraj Dhaliwal

MEMORANDUM

Sukhraj Dhaliwal appeals his conviction and sentence for conspiracy to distribute and to possess with intent to distribute cocaine, and attempted possession with intent to distribute cocaine. We affirm.

I. Waiver of the Right to Conflict-Free Counsel

Dhaliwal argues that he did not waive his right to conflict-free counsel and appeals the district court’s denial of his motion for a new trial. We agree with the district court’s finding that any conflict arising from the attorney fee arrangement was waivable, and that Dhaliwal’s waiver was voluntary, knowing, and intelligent.

The Sixth Amendment provides a criminal defendant with the right to conflict-free counsel. However, “[tjrial courts may allow an attorney to proceed despite a conflict if the defendant makes a voluntary, knowing, and intelligent waiver.” United States v. Martinez, 143 F.3d 1266, 1269 (9th Cir.1998) (internal quotation marks omitted). Trial courts are given “substantial latitude” in determining whether to accept a waiver of conflicts of interest. Wheat v. United States, 486 U.S. 153, 163 , 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988). During a pre-trial hearing, the district court informed Dhaliwal of…