Arellanes v. United States
| Decision Date | 06 January 1964 |
| Docket Number | No. 18721.,18721. |
| Citation | 326 F.2d 560 |
| Parties | Alfredo D. ARELLANES, Appellant, v. UNITED STATES of America Appellee. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Alfred D. Arellanes, pro. per.
Cecil F. Poole, U. S. Atty., and Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.
Before CHAMBERS, POPE and MERRILL, Circuit Judges.
The district court has denied appellant's motion, under 28 U.S.C. § 2255, to vacate and set aside a sentence for violation of the Jones-Miller Narcotics Act. That order is the subject of this appeal.
The district court action was based upon its ruling that "All of the issues raised in the petition filed herein are the same issues as were discussed and ruled upon by the Court of Appeals for the Ninth Circuit in reviewing the judgment of conviction (see Arellanes v. United States, 302 F.2d 603 at page 610)."
In our judgment, the district court was in error in its appraisal of the scope of our earlier decision, and in denying appellant a hearing upon his present petition.
Appellant asserts that he was forced to go to trial without benefit of counsel when the trial court denied him a continuance so that counsel might be secured. As noted by the district court, the same contention was made upon appeal from conviction, and was rejected by this court. We there ruled, upon the record then before us, that the conduct of the defendant amounted to a waiver of his right to counsel. He had, at the time of trial and after the Government's opening statement had been made to the jury, discharged counsel who had been representing him for almost seven weeks.
The opinion on the earlier appeal recites the circumstances as disclosed by the trial record. It appeared to be a simple case of a last-minute difference between counsel and client as to the conduct of the defense.
The constitutional right to be represented by counsel does not, of course, guarantee an attorney with whose advice the defendant can agree. To discharge an attorney because of disagreement, after trial has commenced and where, under the circumstances, the only alternatives are to proceed without counsel or with wholly unprepared counsel, can amount to a waiver of the right to be represented by counsel. Such was our holding.
In his present petition, appellant sets forth in detail his reasons for discharging his attorney: an alleged total failure to prepare for trial, accompanied by counsel's alleged fraudulent and extortionate securing of funds from the defendant and his family for the purpose of buying a dismissal of the...
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United States v. Mitchell
...counsel or with wholly unprepared counsel, can amount to a waiver of the right to be represented by counsel." Arellanes v. United States, 326 F.2d 560, 561 (9 Cir. 1964). 153 Supra note 154 Tr. 52, 9/27/65 R. 444. 155 Tr. 53-54, 9/27/65 R. 445-446. 156 Hamilton v. Regents of University of C......
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Nelson v. People of State of California
...See Enriquez v. United States, 9 Cir., 1964, 338 F.2d 165; De Roche v. United States, 9 Cir., 1964, 337 F.2d 606; Arellanes v. United States, 9 Cir., 1964, 326 F.2d 560; Lyons v. United States, 9 Cir., 1963, 325 F.2d 370; Rivera v. United States, 9 Cir., 1963, 318 F.2d 606; Proffit v. Unite......
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Dearinger v. United States
...v. United States, 116 U.S.App. D.C. 188, 322 F.2d 401 (1963); Arellanes v. United States, 302 F.2d 603, 610 (9th Cir. 1962); 326 F.2d 560 (9th Cir. 1964); United States v. Paccione, 224 F.2d 801, 802-803 (2d Cir. 1955); Swope v. McDonald, 173 F.2d 852, 854 (9th Cir. 1949); United States v. ......
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Brooks v. State, G-64
...United States v. Dardi, 330 F.2d 316 (2 Cir., 1964); United States v. Arlen, 252 F.2d 491, 494 (2d Cir. 1958).13 Arellanes v. United States, 326 F.2d 560, 561 (9 Cir., 1964); Whitney v. Cochran, 152 So.2d 727 (Fla.1963).14 Wilder v. State, 156 So.2d 395, 397 (Fla.App.1st, 1963).15 Johnson v......