United States v. Bell

MEMORANDUM **

James D. Bell (Bell) appeals the district *734 court’s finding that he violated the terms of his probation. On appeal, Bell argues that the district court violated his Sixth Amendment right to counsel by failing to grant a motion to substitute counsel. He also argues that his Fifth and Sixth Amendment rights to due process and compulsory process were violated because the district court did not subpoena witnesses to support his defense that the Government planted evidence during a search of his residence. We have jurisdiction under 18 U.S.C. § 3742 . We affirm.

I.

In June 1998, the United States Probation Office filed a probation revocation for Bell, alleging that he had violated the terms of his supervision, which included failure to participate in a mental health program, failure to pay mandatory assessment and restitution, failure to let more than one probation officer search his residence, and possession of items prohibited under his release.

At a hearing related to the revocation, Bell claimed that he had been the target of a highly sophisticated, secret spying operation by the Government, including secret and illegal surveillance of him using a variety of…