Taves

MEMORANDUM **

Kenneth Taves appeals from a 135-month sentence. Taves pled guilty pursuant to a plea agreement for activity relating to an internet fraud scheme.

Taves first contends that his appointed counsel for sentencing should have been relieved. The district court did not abuse its discretion in refusing to relieve appointed counsel. The relationship between Taves and attorney Bakman had broken down due to a conflict over strategy, but there was not a complete breakdown in attorney-client communication. A conflict over strategy is not a sufficient conflict to warrant substitution of counsel. United States v. McKenna, 327 F.3d 830, 844 (9th Cir.), cert. denied, 540 U.S. 941 , 124 S.Ct. 359 , 157 L.Ed.2d 254 (2003).

Taves next contends that his sentence was too severe. In the plea agreement, Taves stipulated to a sentencing level of 20. The district court found additional facts relating to loss, role in offense, and sophistication. Pursuant to these findings, the court sentenced Taves at a level 29, resulting in the 135-month sentence. In addition, the court ordered $37,566,577 in restitution. A total of $12.8 million had already been recovered by the Federal Trade…