United States v. Martinez
United States v. Martinez
Opinion of the Court
MEMORANDUM
The warrant to search Martinez’s storage unit was valid. The magistrate had a substantial basis for finding probable cause and there was a reasonable nexus between the activities supporting probable cause and the location to be searched.
The district court abused its discretion by denying Martinez’s request to fire his retained counsel without further inquiry into his request. The first time Martinez brought up the issue, the judge encouraged him and his lawyer to work out the problem, and the second time the judge did not inquire and make findings. Indeed, the court apparently did not rule on the motion, assuming that it had ruled on the motion at the prior hearing. Without a definitive ruling, however, including a statement of the reasons for the ruling, we are unable effectively to review Martinez’s claim of Sixth Amendment error.
AFFIRM in part, VACATE the sentence and REMAND to the district court to engage in a proper inquiry into Martinez’s motion and for resentencing.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. United States v. Ocampo, 937 F.2d 485, 490 (9th Cir. 1991).
. See United States v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct 2557, 2561-63, 165 L.Ed.2d 409 (2006).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.