United States v. Guillermo Alamos

ORDER

Appellant’s motion for leave to file reply to opposition to petition for panel rehearing is DENIED.

Appellant’s Petition for Panel Rehearing is GRANTED. The memorandum disposition filed January 19, 2012 is withdrawn. A new Memorandum Disposition shall be filed simultaneously with this order.

MEMORANDUM

Guillermo Eloy Alamos appeals his conviction and the district court’s denial of his motions to substitute counsel. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

A district court’s denial of a motion to substitute counsel is reviewed for abuse of discretion. United States v. Lindsey, 634 F.3d 541, 554 (9th Cir.2011). When reviewing whether a district court abused its discretion in denying a motion to substitute counsel, we consider three factors: (1) the adequacy of the inquiry into the defendant’s complaint, (2) the extent of the conflict between the defendant and trial counsel, and (3) the timeliness of the motion and the extent of resulting inconvenience and delay. United States v. McKenna, 327 F.3d 830, 843 (9th Cir.2003).

For an inquiry regarding a motion to substitute counsel to be sufficient, “the trial court should question the attorney or defendant…