Académique Documents
Professionnel Documents
Culture Documents
No. 14-4326
Manuel
Rutilo
Defenant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:13-cr-00353-WO-1)
Submitted:
DIAZ,
Decided:
Circuit
Judges,
and
HAMILTON,
Senior
PER CURIAM:
Victor Manuel Bautista-Hernandez pled guilty, pursuant to a
plea agreement, to illegal reentry by an aggravated felon, in
violation of 8 U.S.C. 1326(a), (b)(2) (2012).
The district
Counsel has
Sixth
Amendment
right
to
counsel
by
denying
his
myriad
sentence.
We
of
additional
challenges
to
his
conviction
and
We affirm.
review
district
courts
denial
of
motion
United States v.
to
We
turn
first
to
the
timeliness
of
Bautista-Hernandezs
Bautista-Hernandezs first
motion was arguably timely, as it was made less than one month
after
appointment
hearing.
they
of
counsel
and
before
the
change-of-plea
were
made
at
Bautista-Hernandezs
the
hearings
change
of
originally
plea.
See
scheduled
United
States
for
v.
Blackledge, 751 F.3d 188, 194 (4th Cir. 2014) (concluding that
motion filed three days before trial was untimely).
Turning to the inquiry factor, the record reflects that the
district court generously afforded Bautista-Hernandez multiple
opportunities
to
articulate
substitution of counsel.
his
reasons
for
requesting
not
trust,
feel
comfortable
with,
or
like
counsel.
Ultimately, the court found no reasonable basis for BautistaHernandezs distrust, no evidence of ineffective assistance of
counsel, and that any breakdown in communication was caused by
Bautista-Hernandez.
189, 192 (4th Cir. 2011) (concluding that inquiry factor weighed
in Governments favor where district court asked defendant to
and
the
third
factorwhether
the
defendant
resulted
the
in
conflict
a
total
between
lack
of
to
communicate
Bautista-Hernandez.
Moreover,
we
record
that
counsel
failed
to
provide
an
adequate
defense.
Accordingly, we conclude that the district court did not
abuse
its
discretion
(or
violate
Bautista-Hernandezs
Sixth
affirm
the
district
courts
judgment.
This
We
court
was
Bautista-Hernandez.
served
on
We
dispense
with
oral