Filed: Jul. 31, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4943 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE LUIS MORALES-ESPINO, a/k/a Luisito, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (7:13-cr-00046-BO-2) Submitted: July 11, 2014 Decided: July 31, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Cind
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4943 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOSE LUIS MORALES-ESPINO, a/k/a Luisito, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. Terrence W. Boyle, District Judge. (7:13-cr-00046-BO-2) Submitted: July 11, 2014 Decided: July 31, 2014 Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Cindy..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-4943
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE LUIS MORALES-ESPINO, a/k/a Luisito,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Terrence W. Boyle,
District Judge. (7:13-cr-00046-BO-2)
Submitted: July 11, 2014 Decided: July 31, 2014
Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Cindy H. Popkin-Bradley, CINDY H. POPKIN-BRADLEY, Raleigh, North
Carolina, for Appellant. Thomas G. Walker, United States
Attorney, Jennifer P. May-Parker, Yvonne V. Watford-McKinney,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jose Luis Morales-Espino pled guilty, pursuant to a
plea agreement, to conspiracy to distribute and possess with
intent to distribute five kilograms or more of cocaine, in
violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846 (2012).
Morales-Espino was initially appointed counsel, but subsequently
retained counsel, Ms. Stewart, who represented him throughout
the district court proceedings. Approximately ten days before
his scheduled sentencing hearing, Morales-Espino signed a letter
to the district court in which he stated his intent to dismiss
Ms. Stewart from further representation, and requested that the
district court appoint counsel because he did not have the
financial ability to retain new counsel. At sentencing, the
district court inquired whether Morales-Espino desired to pursue
his request for new counsel. After consulting Morales-Espino,
Ms. Stewart informed the court that he desired to withdraw the
request. The district court then engaged in a colloquy in which
Morales-Espino expressed that he had resolved his complaints
against Ms. Stewart and desired to have her continue her
representation. The district court subsequently sentenced
Morales-Espino to 108 months of imprisonment.
On appeal, Morales-Espino, represented by new counsel,
argues that the district court abused its discretion in failing
to more thoroughly inquire into his dissatisfaction with Ms.
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Stewart, as articulated in his letter to the court. “When a
defendant raises a seemingly substantial complaint about
counsel, the judge has an obligation to inquire thoroughly into
the factual basis of defendant’s dissatisfaction.” United
States v. Mullen,
32 F.3d 891, 896 (4th Cir. 1994) (internal
quotation marks and citations omitted).
Because Morales-Espino did not raise this assertion of
error in the district court, our review is for plain error. See
Fed. R. Crim. P. 52(b); United States v. Olano,
507 U.S. 725,
731-32 (1993). To establish plain error, Morales-Espino must
show: “(1) there is an error, (2) the error is plain, . . .
(3) the error affects substantial rights . . . [and] (4) the
error seriously affects the fairness, integrity or public
reputation of judicial proceedings.” Henderson v. United
States, 133 S. Ct. 1121, 1126-27 (2013) (internal quotation
marks and alterations omitted).
Our review of the record leads us to conclude that the
district court did not err in failing to inquire into the
specific allegations in Morales-Espino’s letter to the court.
At sentencing, the court correctly initially inquired whether
Morales-Espino’s request for new counsel remained active. After
consulting with Morales-Espino, counsel withdrew the request,
and the district court engaged in a thorough colloquy with
Morales-Espino to ensure that he no longer wished to have
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substitute counsel appointed and wished to continue with Ms.
Stewart representing him. In light of Morales-Espino’s clear
affirmative answers to that colloquy, the district court was not
required to inquire further. Thus, there is no error, plain or
otherwise.
Accordingly, we affirm the district court’s judgment.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
AFFIRMED
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