Gonzalez

MEMORANDUM *

Luis Enrique Gonzalez appeals his conviction for conspiracy to possess marijuana with intent to distribute and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(l)(B)(vii), contending that his conviction should be reversed because, inter alia, he was not permitted to substitute counsel before trial. We have jurisdiction under 28 U.S.C. § 1291 .

The denial of a substitution motion is reviewed for abuse of discretion. United States v. Prime, 431 F.3d 1147, 1154 (9th Cir.2005). Three factors inform our deci *616 sion: 1) “the adequacy of the [lower] court’s inquiry into the defendant’s complaint”; 2) “the timeliness of the motion”; and 3) whether the conflict “resulted] in a complete breakdown in communication and a consequent inability to present a defense.” Id.; see also Schell v. Witek, 218 F.3d 1017, 1024-25 (9th Cir.2000) (en banc) (approving three-factor analysis to determine abuse of discretion in cases of direct federal appeal).

The magistrate judge did not conduct an adequate inquiry. The court’s focus on counsel’s competence instead of the conflict between Gonzalez and counsel was “misplaced.” See United…