Chavarriaga-Gomez

MEMORANDUM **

Gustavo Chavarriaga-Gomez appeals his guilty plea conviction and 188-month sentence for one count of conspiracy to aid and abet the distribution of cocaine in violation of 21 U.S.C. §§ 841 (a)(1), 846 and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we dismiss in part and affirm in part.

Chavarriaga-Gomez contends that the district court abused its discretion by denying his second motion for substitution of counsel. 1 We review the district court’s exercise of discretion by considering three factors: 1) the timeliness of the motion; 2) the adequacy of the district court’s inquiry regarding defendant’s complaint; and 3) whether the conflict between defendant and counsel was so great that it resulted in a total lack of communication preventing an adequate defense. See United States v. Rostan, 986 F.2d 1287, 1292 (9th Cir.1993) (citation omitted).

*512 First, Chavarriaga-Gomez’s motion for substitution of counsel was untimely. Id. The motion was filed a year after Chavarriaga-Gomez pleaded guilty and less then a month before the scheduled sentencing. Given the complexity of the ease and the volume of discovery material, the district court…