Plaza-Uzeta
United States v. Plaza-Uzeta
Opinion
Lead Opinion
MEMORANDUM *
Ruben Plaza-Uzeta (“Plaza”) appeals his conviction and sentence for conspiracy to commit hostage taking, hostage taking, conspiracy to harbor illegal aliens, hax-boring illegal aliens, and possessing or using a firearm in connection with a crime of violence. We affirm.
Plaza argues that the district court erred in denying his request that new counsel be appointed to replace his previously appointed counsel. The record does not make clear the basis for this request. There is a reference to a letter written to the court by Plaza, but that letter is not included within the record. The reasons for the request were never explained. To be sure, the district court should have made a better record and inquired into Plaza’s relationship with his attorney. Its failure to do so deprives this court of a record from which to determine whether there was, in fact, a conflict severe enough to justify appointment of substitute counsel. See United States v. D Amore, 56 F.3d 1202, 1205 (9th Cir.1995), overruled in irrelevant part by United States v. Garrett, 179 F.3d 1143, 1145 (9th Cir.1999). Under the circumstances, though, reversal is not warranted here. Plaza argues that the…