United States v. David L. Ries

David Ries was convicted of charges arising from a scheme to' pass off some $13 million in counterfeit securities. His only argument on appeal is that he was denied counsel of choice when the district judge rejected his out-of-state attorney’s pro hac vice application.

Judge Garcia denied the application after a series of events convinced him that Ries’ chosen counsel — Utah attorney Paúl Young — would impede the progress of the ease. A brief chronology confirms the judge’s concerns:

Ries first appeared before a magistrate judge on February 25, 1994. At his arraignment on February 28, Assistant Federal Defender Jeffrey Staniels was appointed to represent him. Trial was set for April 25, 1994.

At a status conference on March 11, the trial date was vacated at defendant’s request. After several continuances of status hearings and trial dates at the request of Ries or his co-defendant, the trial was finally set for February 6,1995.

Young made his first appearance at a trial confirmation hearing on January 23, 1995. Ries stated that he wanted to retain Young and relieve the federal defender. Although Young had not yet filed his pro hac vice application, the court permitted him to…