Ibanez-Espinosa

MEMORANDUM *

We review the denial of a motion to substitute counsel for abuse of discretion in light of the following three factors: the timeliness of the motion, the adequacy of the district court’s inquiry, and whether the asserted conflict created a total lack of communication such that the defendant was unable to present an adequate defense. E.g., United States v. Garcia, 924 F.2d 925, 926 (9th Cir.1991). Because these factors do not balance in Ibanez’s favor, the district court did not abuse its discretion in denying his motion for substitution. See id.

First, the conflict between Ibanez and his attorney did not “create a total lack of communication” that “prevented an adequate defense.” See United States v. Schaff, 948 F.2d 501, 505 (9th Cir.1991). Ibanez wanted to plead guilty to the charges in the indictment. His attorney disagreed with her client’s choice. Although Ibanez and his attorney had differing opinions regarding the guilty plea, it is well-settled that strategy disagreements do not compel substitution of counsel. See id. at 504 . Nor does our case law entitle a legally competent defendant to new counsel merely because the defendant does not understand his…