Otero-Soto

United States v. Otero-Soto

Good Law
276 F. App'x 569
United States Court of Appeals for the Ninth CircuitApril 29, 2008No. 07-10165California608 words

Opinion

Lead Opinion

*571 MEMORANDUM *

Erasmo Otero-Soto (“Otero-Soto”) appeals both his jury conviction and sentencing for possession with intent to distribute methamphetamine, cocaine, cocaine base, and marijuana; for conspiracy to possess each of these drugs with intent to distribute; and for use of a firearm during and in relation to the individual drug trafficking offenses. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Otero-Soto argues that his convictions should be reversed because, on the eve of trial, the district court did not investigate a continuing conflict between OteroSoto and his first appointed attorney. We review the denial of a request for new appointed counsel for abuse of discretion. See United States v. Corona-Garcia, 210 F.3d 973, 976 (9th Cir.2000). The district court did not abuse its discretion because (1) it had already held a hearing addressing Otero-Soto’s concerns with his attorney; (2) Otero-Soto did not request a new attorney at the beginning of trial; and (3) the attorney’s remark did not raise any new issues that the coui’t had not already addressed.

Otero-Soto also argues that his conviction for the firearm charge must be overturned because of an…

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