Barrera

United States v. Barrera

Good Law
62 F. App'x 817
United States Court of Appeals for the Ninth CircuitMay 8, 2003No. 01-50614; D.C. No. CR-99-00012-MMM-01California544 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Jose Barrera alleges that his guilty plea should be set aside as involuntary due to the district court’s denial of his request for substitution of counsel. Although Barrera waived his right to appeal, “[wjaivers of appeal must stand or fall with the agreement of which they are a part.” *818 United States v. Pena, 814 F.3d 1152 , 1154 n. 1 (9th Cir.2003). Thus, we have jurisdiction to review the voluntariness of Barrera’s plea. 1 Because the parties are familiar with the facts, we discuss them only insofar as necessary to reach our decision.

The voluntariness of a guilty plea is reviewed de novo. Iaea v. Sunn, 800 F.2d 861, 864 (9th Cir.1986). Denial of effective assistance of counsel may suffice to render a guilty plea involuntary. Id. at 865-66 . Barrera alleges that there was a complete breakdown in his relationship with his attorney, and so the district court abused its discretion in refusing to allow substitution of counsel. See United States v. Corona-Garcia, 210 F.3d 973, 976 (9th Cir.2000). We consider three factors in evaluating the propriety of the district court’s refusal to substitute counsel: 1) the extent of the conflict; 2) the adequacy of the…

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