United States v. Mitchell

MEMORANDUM *

Defendant-appellant Trayvonne Mitchell was convicted of several crimes relating to his involvement in planning and executing a series of bank robberies and attempted bank robberies in southern California during 1995 and 1996. On this direct appeal, he attacks his conviction on multiple grounds and challenges his sentence under Blakely v. Washington, — U.S. -, 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm the conviction. Because of the sentencing issues, we stay the issuance of the mandate of our decision pending the Supreme Court’s decisions in United States v. Booker, 375 F.3d 508 (7th Cir.2004), cert. granted, — U.S. -, 125 S.Ct. 11 , 159 L.Ed.2d 838 (Aug. 2, 2004), and United States v. Fanfan, 2004 WL 1723114 (D.Me. 2004), cert. granted, — U.S. -, 125 S.Ct. 12 , 159 L.Ed.2d 838 (Aug. 2, 2004).

A. Sixth Amendment Right to Retained Counsel of Choice

Mitchell first claims that the trial court violated his Sixth Amendment right to retained counsel of choice by denying his morning-of-trial motion to fire his retained counsel. When a court denies a defendant’s motion to substitute counsel,…