Gutierrez

United States v. Gutierrez

Good Law
48 F. App'x 636
United States Court of Appeals for the Ninth CircuitOctober 9, 2002No. 00-50632; D.C. No. CR-99-01140-R-01California544 words

Opinion

Lead Opinion

MEMORANDUM **

Francisco Aguilar Gutierrez (Gutierrez) was convicted by a jury of possession with intent to distribute methamphetamine and conspiracy to possess with intent to distribute the same. The district court imposed a mandatory minimum sentence of twenty years under 21 U.S.C. § 841 (b)(1)(A). Gutierrez appeals both the conviction and sentence. Because the facts and procedural history are familiar to the parties, we recount them only to the extent necessary.

Gutierrez argues his conviction should be reversed because the district court denied his motion for substitution of counsel on the morning of trial. Gutierrez contends his Sixth Amendment right to assistance of counsel was violated when the district court failed to conduct an adequate inquiry before denying the request.

We review a district court’s denial of a motion to substitute counsel for an abuse of discretion. See United States v. Castro, 972 F.2d 1107, 1109 (9th Cir.1992). The reviewing court must balance the government’s interest in the prompt and efficient administration of justice against the defendant’s Sixth Amendment right to counsel. See United States v. Gonzalez, 113 F.3d 1026, 1028 (9th…

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