Lundstrom

United States v. Lundstrom

Good Law
291 F. App'x 76
United States Court of Appeals for the Ninth CircuitAugust 21, 2008No. 07-30373California365 words

Opinion

Lead Opinion

MEMORANDUM *

Buddy Lundstrom appeals his convictions for, among other things, possession and distribution of methamphetamine in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1)(C), and 846. He argues that the district court deprived him of his Sixth Amendment right to counsel of choice when it denied his motions to withdraw counsel and to continue the case to facilitate the selection of new counsel. He further argues that evidence is not sufficient to support his convictions for conspiracy and attempted possession under counts I and II. We affirm.

We review for abuse of discretion a district court’s denials of both the motion to withdraw counsel and the motion for a continuance. United States v. Adelzo-Gonzalez, 268 F.3d 772, 777 (9th Cir. 2001); United States v. Garrett, 179 F.3d 1143, 1144-45 (9th Cir.1999). The court acted reasonably when it denied both motions without prejudice, subject to their being renewed once new counsel was formally retained and admitted to practice in Montana. Lundstrom never renewed the motions. Accordingly, the denials of the motions did not amount to a denial of Lundstrom’s Sixth Amendment right.

Evidence is sufficient to support Lundstrom’s…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.