Guzman-Malera

United States v. Guzman-Malera

Good Law
61 F. App'x 434
United States Court of Appeals for the Ninth CircuitApril 15, 2003No. 01-50624; D.C. No. CR-01-00213-AHMCalifornia340 words

Opinion

Lead Opinion

MEMORANDUM **

Mario Antonio Guzman-Malera appeals his 60-month sentence, imposed following his guilty-plea conviction for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

*435 Guzman-Malera contends that the district court abused its discretion by denying his sentencing-day request for a new attorney in violation of his Sixth Amendment right to assistance of counsel. Guzman-Malera, however, has failed to demonstrate that the district court abused its discretion, because there is no evidence that any conflict with counsel impeded Guzman-Malera’s ability to present a defense at the sentencing hearing such that the district court was required to grant his last-minute request. See United States v. Schaff, 948 F.2d 501, 503-05 (9th Cir.1991) (stating that this court will consider the timeliness of the request and “whether the asserted conflict created a total lack of communication such that the defendant was unable to present an adequate defense” in deciding whether the district court abused its discretion).

Guzman-Malera also contends that the district…

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