Ibarra-Rosas

MEMORANDUM *

Sanchez-Garcia’s appeal

Disqualification of Counsel. The presumption is that a criminal defendant may have counsel of his choice if he can pay for it and counsel is willing. Wheat v. United States, 486 U.S. 158 , 164, 108 S.Ct. 1692 , 100 L.Ed.2d 140 (1988). The presumption, however, may be overcome by even “a showing of a serious potential for conflict.” Id. We review the district court’s decision on a motion to disqualify counsel for an abuse of discretion. See id. at 163-64, 108 S.Ct. 1692 . Here, the record clearly supports the district court’s removal of Sanchez’s attorney. Therefore, we cannot conclude that the court abused its discretion in granting the government’s motion.

Sufficiency of the Evidence. When reviewing a challenge to the sufficiency of the evidence, we must determine whether, after reviewing the evidence in the light most favorable to the government, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. United States v. Hubbard, 96 F.3d 1223, 1226 (9th Cir.1996). “ ‘To obtain a conviction for conspiracy, the government must first prove the existence of a conspiracy. Once the existence of the…