United States of America v. Pedro Ivan Aguilar-Quinones, a.k.a. PEDRO IVAN AGUILAR- QUININES

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PEDRO IVAN AGUILAR-QUINONES,
a.k.a. PEDRO IVAN AGUILAR-
QUININES
Defendant - Appellant.
No. 10-50398
D.C. No. 3:09-cr-04333-BEN
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted September 27, 2011**
Before: HAWKINS, SILVERMAN, and W. FLETCHER, Circuit Judges.
Pedro Ivan Aguilar-Quinones appeals his conviction for being a deported
alien found in the United States, in violation of 8 U.S.C. § 1326. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
FILED
OCT 3 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

-- 1 of 2 --

10-50398 2
The district court did not abuse its discretion by denying Aguilar-Quinones’s
motion for appointment of new counsel. Contrary to Aguilar-Quinones’s
contentions, the district court made an adequate inquiry into his complaint and the
record does not reflect that the conflict between Aguilar-Quinones and his counsel
lead to a complete breakdown in communication or prevented Aguilar-Quinones
from presenting an adequate defense. See United States v. Franklin, 321 F.3d
1231, 1239 (9th Cir. 2003); United States v. McClendon, 782 F.2d 785, 789 (9th
Cir. 1986).
AFFIRMED.

-- 2 of 2 --