Guma

United States v. Guma

Good Law
29 F. App'x 480
United States Court of Appeals for the Ninth CircuitJanuary 25, 2002No. 01-30004; D.C. No. CR-00-00246-BJRCalifornia635 words

Opinion

Lead Opinion

MEMORANDUM *

Aga Kanan Guma appeals his jury trial conviction and sentence for assault of a federal officer in violation of 18 U.S.C. § 111 (a) and (b). Guma contends that he was denied his Sixth Amendment right to counsel when the district court denied his request to discharge his trial attorney during a pretrial hearing. Guma also argues that the district court erred by declining to reduce his offense level for acceptance of responsibility under U.S.S.G. § 3E1.1 because he admitted the elements of the assault at trial and expressed remorse at sentencing. We have jurisdiction under 28 U.S.C. § 1291 , and, because the district court rejected Guma’s request to discharge trial counsel without an adequate inquiry, we reverse and remand for a new trial.

A district court’s denial of a motion for substitution of counsel is reviewed for abuse of discretion. 1 United States v. Corona-Garcia, 210 F.3d 973, 976 (9th Cir.), cert. denied, 531 U.S. 898 , 121 S.Ct. 231 , 148 L.Ed.2d 165 (2000). Although Guma is not entitled to the lawyer of his choice, “if the relationship between lawyer and client completely collapses, the refusal to substitute new counsel violates [his] Sixth Amendment…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.