Christian

United States v. Christian

Good Law
86 F. App'x 272
United States Court of Appeals for the Ninth CircuitJanuary 2, 2004No. 02-30433; D.C. No. CR-02-00056-EFSCalifornia500 words

Opinion

Lead Opinion

MEMORANDUM *

Appellant Rickey D. Christian appeals his conviction for being a felon in possession of a firearm. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

The district court properly excluded time from the running of the Speedy Trial Act limitation period, 1 both with respect to pending motions and the “ends of justice” provisions of 18 U.S.C. § 3161 (h)(1)(F) and (8)(A).

II

The district court did not abuse its discretion 2 in denying Appellant a fourth new lawyer. The court’s inquiry was adequate. 3 Further, there was no showing that the degree of conflict between Appellant and his lawyer was so great that it resulted in a total lack of communication preventing an adequate defense.

III

We decline to consider Appellant’s claims of ineffective assistance of counsel. Claims of ineffective assistance “are generally inappropriate on direct appeal” due to the lack of a sufficient evidentiary record. 5 The record here is not sufficiently developed to permit review. Additionally, Appellant’s counsel was not so inadequate as to obviously deny him his Sixth Amendment right to counsel.

IV

The district court did not abuse its discretion in refusing to…

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