Martinez

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUN 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-1569 D.C. No. Plaintiff - Appellee, 1:14-cr-00199-BLW-1 v.

MEMORANDUM*

JOHNNY LEE MARTINEZ, AKA Buck Martinez, AKA Jesus Martinez, AKA Buckey,

Defendant - Appellant.

Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted June 4, 2024 Portland, Oregon

Before: RAWLINSON, FORREST, and SUNG, Circuit Judges.

Johnny Lee Martinez (Martinez) appeals the district court’s denial of his

motion for new counsel, and the district court’s imposition, after revoking

Martinez’s supervised release, of a statutory maximum custodial sentence and an

additional term of supervised release. Martinez asserts that the district court

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. constructively denied his right to counsel because it did not sufficiently consider

his conflict with…