Sou

MEMORANDUM **

OVERVIEW

Thin Edward Sou appeals his jury conviction and 240-month sentence for conspiracy to distribute methamphetamine and distribution of methamphetamine. He argues that the district court violated his Sixth Amendment rights by denying his motion to substitute counsel made just before jury selection. Sou also argues that the district court erred by giving the sentencing guidelines presumptive weight in violation of United States v. Zavala, 443 F.3d 1165, 1170-71 (9th Cir.) (refusing to adopt a presumption of reasonableness for within-range guideline sentences), en banc reh’g granted, 462 F.3d 1066 (2006), and United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006) (holding that sentencing guidelines are the starting point of sentencing), and that his 240-month sentence is unreasonable under United States v. Booker, 543 U.S. 220 , 125 S.Ct. 738 , 160 L.Ed.2d 621 (2005), because the district court failed to consider that (1) the drug-smuggling trip never happened, (2) he accepted responsibility, and (3) he would likely be deported after serving his sentence.

STANDARD OF REVIEW

“A district court’s refusal to substitute counsel is reviewed for abuse of…