Vega

United States v. Vega

Good Law
111 F. App'x 493
United States Court of Appeals for the Ninth CircuitOctober 5, 2004No. 03-30189; D.C. No. CR-01-00333-BRCalifornia911 words

Opinion

Lead Opinion

*494 MEMORANDUM *

Eber Jesus Vega (“Vega”) appeals his conviction for (1) “knowingly and intentionally distributing] a mixture or substance containing cocaine,” and (2) “knowingly and intentionally distributing] more than 500 grams of a mixture or substance containing cocaine.” The focus of this appeal is whether the district court’s denial of Vega’s motion for substitution of counsel should be disturbed.

We review the district court’s refusal to substitute counsel for abuse of discretion. United States v. Prime, 363 F.3d 1028, 1035 (9th Cir.2004). 1 As the facts are familiar to the parties, we do not recite them here except as necessary to understand our disposition. We affirm the district court’s denial of Vega’s motion for substitution of counsel.

We must consider at least three factors to determine whether the district court abused its discretion in denying Vega’s motion. They include: (1) timeliness, (2) the adequacy of the district court’s inquiry, and (3) the degree of communication breakdown between Vega and his attorney. See United States v. Smith, 282 F.3d 758, 763-64 (9th Cir.2002); United States v. Corona-Garcia, 210 F.3d 973, 976-77 (9th Cir.2000). Vega conceded…

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