United States v. Burks
Opinion of the Court
MEMORANDUM
After the district court refused to appoint appellant Keith Burks a new attorney, he was convicted on the charge of felon in possession of a firearm. At sentencing, the district court ordered that Burks would not pay for his placement in a community corrections center unless the probation officer determined that Burks had the ability to pay. Burks appeals that condition of his supervised release and the denial of his motion for substitute counsel. We affirm.
The district court was within its discretion to deny Burks’s motion because there was no evidence of a breakdown in communication between him and his attorney.
Because Burks failed to object to the district court’s decision to delegate to the probation officer the discretion to determine his ability to pay for placement in a community corrections center under 18 U.S.C. § 3672, we review that decision for plain error. After Burks filed his brief in this appeal, we held that a district court did not plainly err in delegating such decisions.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
. This court considers three factors when evaluating a district court's decision to grant or deny a motion for substitute counsel: (1) the adequacy of the court’s inquiry into the defendant’s complaint; (2) the extent of conflict between the defendant and counsel; and (3) the timeliness of the motion and the extent
. United. States v. Corona-Garcia, 210 F.3d 973, 977 & n. 2 (9th Cir. 2000).
. See United States v. McClendon, 782 F.2d 785, 789 (9th Cir. 1986) ("While the trial judge might have made a more thorough inquiry into the substance of [the] alleged conflict with counsel, [the] description of the problem and the judge’s own observations provided a sufficient basis for reaching an informed decision.”).
. See United States v. Keys, 67 F.3d 801, 807 (9th Cir. 1995) (noting that defendant and his attorney "conferred and communicated with each other on several occasions after the motion [for substitute counsel] ... was denied”), portion of original opinion reinstated, 153 F.3d 925 (9th Cir. 1998).
. United States v. Dupas, 419 F.3d 916, 924 (9th Cir. 2005).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Keith Dewayne BURKS, Defendant—Appellant
- Status
- Published