Filed: Oct. 30, 2020
Latest Update: Oct. 30, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 30 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10249 Plaintiff-Appellee, D.C. No. 1:18-cr-00014-LJO-SKO-1 v. JOHNNY JARAMILLO, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding Submitted October 26, 2020** Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 30 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10249 Plaintiff-Appellee, D.C. No. 1:18-cr-00014-LJO-SKO-1 v. JOHNNY JARAMILLO, MEMORANDUM* Defendant-Appellant. Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, District Judge, Presiding Submitted October 26, 2020** Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges. J..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 30 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 19-10249
Plaintiff-Appellee, D.C. No.
1:18-cr-00014-LJO-SKO-1
v.
JOHNNY JARAMILLO, MEMORANDUM*
Defendant-Appellant.
Appeal from the United States District Court
for the Eastern District of California
Lawrence J. O’Neill, District Judge, Presiding
Submitted October 26, 2020**
Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.
Johnny Jaramillo appeals from the district court’s judgment and challenges
the 120-month sentence imposed following his guilty-plea conviction for transfer
of a firearm to a felon, in violation of 18 U.S.C. § 922(d)(1); possession of an
unregistered firearm, in violation of 26 U.S.C. § 5861(d); and possession of
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
firearms after suffering a misdemeanor domestic violence conviction, in violation
of 18 U.S.C. § 922(g)(9). We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Jaramillo argues that the district court deprived him of constitutionally
effective counsel when it improperly denied his second motion for substitution of
counsel. We conclude that the district court did not abuse its discretion by denying
Jaramillo’s motion. See United States v. Mendez-Sanchez,
563 F.3d 935, 942 (9th
Cir. 2009) (setting forth standard of review and three-factor test). The record
reflects that the district court adequately questioned Jaramillo and appointed
counsel, and had a sufficient basis for reaching an informed decision. See
id. at
942-43. The record further reflects “some level of conflict” between Jaramillo and
his counsel, but not an “extensive, irreconcilable conflict” that substantially
interfered with the relationship. See
id. at 943 (internal quotations omitted); see
also United States v. McKenna,
327 F.3d 830, 844 (9th Cir. 2003) (it is “well-
settled” that disagreements over strategic decisions are insufficient to warrant
substitution of counsel).
AFFIRMED.
2 19-10249