Rene Deleon v. James Gomez, Director, California Department of Corrections

81 F.3d 167 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rene DELEON, Petitioner-Appellee, v. James GOMEZ, Director, California Department of Corrections Respondent-Appellant. No. 95-55653. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 4, 1996. Decided March 28, 1996. Before: SKOPIL, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 James Gomez, Director of the California Department of Corrections, (the "state") appeals the district court's grant of Rene Deleon's petition for writ of habeas corpus. The district court ruled that the state trial court violated Deleon's sixth amendment right to counsel by refusing to grant a continuance to allow Deleon to substitute private counsel. We reverse and remand for an evidentiary hearing. 3 A criminal defendant has a sixth amendment right to retained counsel of choice. United States v. Lillie, 989 F.2d 1054, 1055 (9th Cir.1993). We disagree with the state that Deleon's request for a continuance did…