McDowell

MEMORANDUM **

The district court did not violate McDowell’s Sixth Amendment rights. 1 The district court’s inquiry into McDowell’s first two requests to substitute counsel addressed his specific concerns. The *576 district court did not abuse its discretion by failing to hold a third hearing. The court was already familiar with McDowell’s arguments. See United States v. Smith, 282 F.3d 758, 764-65 (9th Cir.2002). In addition, the conflict was not “extensive [or] irreconcilable.” See Id. at 763 . Thus, we affirm the district court’s denial of McDowell’s motions to substitute counsel.

McDowell did not allege a flaw in his indictment before trial. He therefore waived his right to object to the indictment, and we cannot review a claim that the indictment was multiplicitous — even for plain error. See United States v. Smith, 866 F.2d 1092, 1094-95 (9th Cir. 1989). But McDowell also challenges his convictions as multiplicitous. And while he did not preserve this objection, we can review this claim for plain error. See United States v. Smith, 424 F.3d 992, 1000 (9th Cir.2005). We conclude that defendant’s claim meets the three-part test for plain error laid out in United States v.…