United States v. Johnson

MEMORANDUM ***

Appellant James Thomas Johnson appeals his conviction by guilty plea and sentence for one count of possession of a firearm by a felon in violation of 18 U.S.C. § 922 (g). Johnson argues that (1) his Sixth Amendment right to counsel was violated when the district judge refused to grant a continuance on the first day of trial so that he could find alternate counsel, (2) his plea was involuntary and coerced by the district judge’s “active participation” in the course of plea proceedings, and (3) the district court failed to comply at sentencing with the requirements set out by Federal Rule of Criminal Procedure 32(c). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm the conviction and sentence.

Because the parties are familiar with the facts, we will not recount them in detail except as necessary.

The Court reviews the denial of a motion to continue for an abuse of discretion. United States v. Garrett, 179 F.3d 1143, 1144-45 (9th Cir.1999). In considering whether a defendant was wrongly denied a continuance to arrange for substitute counsel, we have considered whether the district court adequately inquired into the matter, the timeliness of the motion…