United States v. Abel Cadena-Martinez

Summary

The Fifth Circuit affirmed a 240-month sentence for conspiracy to distribute cocaine, holding that the district court did not violate the Sixth Amendment right to counsel of choice by denying a continuance to retain private counsel. The denial was within the court's wide latitude because the request came late—after jury selection—and the defendant had appointed counsel without evidence he could not require appointed counsel. The court declined to reach an ineffective assistance of counsel claim on direct appeal, preserving it for collateral review.

Holdings

1. The district court did not err; the denial was within the court's wide latitude in balancing the right to counsel of choice against the needs of fairness and the demands of its calendar.

Questions Presented

1. Whether the district court violated the Sixth Amendment right to counsel of choice by denying a continuance to retain private counsel.

Disposition

affirmed