U.S. v. Myers

• Court: U.S. Court of Appeals — First Circuit
• Writing for the Court: Selya
• Citation: U.S. v. Myers, 294 F.3d 203 (1st Cir. 2002)
• Decision Date: 25 June 2002
• Docket Number: No. 01-2059.,01-2059.
• Parties: UNITED STATES of America, Appellee, v. John Wayne MYERS, Defendant, Appellant.

Page 203

294 F.3d 203

UNITED STATES of America, Appellee, v. John Wayne MYERS, Defendant, Appellant.

No. 01-2059.

United States Court of Appeals, First Circuit

Heard June 11, 2002.

Decided June 25, 2002.

Tina Schneider for appellant.

Margaret D. McGaughey, Appellate Chief, with whom Paula D. Silsby, United States Attorney, was on brief, for appellee.

Before SELYA and LYNCH, Circuit Judges, and SCHWARZER,^* Senior District Judge.

SELYA, Circuit Judge.

A jury in the District of Maine found defendant-appellant John Wayne Myers guilty of being a felon in possession of ammunition and firearms. After the district court sentenced him as an armed career criminal, Myers appealed. His principal challenge is to the district court's refusal to appoint substitute counsel for him at sentencing. Discerning no infirmity in this or any other respect, we affirm the conviction and sentence.

I. Background

The appellant is a recidivist criminal who, until shortly before his most recent arrest, resided in Wisconsin. In October of 2000, he had a dispute with his parole officer and fled the state. The Wisconsin authorities warned their Maine counterparts that the appellant might attempt to contact or harm Gene Richardson (a Maine resident). When a deputy sheriff inquired, he found that the appellant had approached Richardson but had not behaved menacingly. The authorities nonetheless elected to keep an eye on the situation.

The appellant soon returned to the Richardson homestead. The deputy, assisted by several state troopers, attempted to detain him. A vehicular chase led to the appellant's apprehension.

An inventory of the appellant's automobile disclosed four boxes of bullets. A subsequent search of the area traversed during the chase — prompted by a report that the appellant had thrown an object out of his car window while attempting to escape — yielded a .357 magnum handgun. Later, a citizen turned in a .22 caliber pistol found in the same general vicinity. Further investigation revealed that the ammunition and the weapons belonged to a resident of Houlton, Maine, who claimed that they had been pilfered. The appellant denied any knowledge of the bullets, the guns, or the theft.

On November 29, 2000, a federal grand jury returned a two-count indictment that charged the appellant with being a felon in possession of ammunition and firearms. See 18 U.S.C. §§ 922(g)(1), 924(e) (2000). The appellant was without funds, and, pursuant to the Criminal Justice Act, id. § 3006A, the district court appointed counsel for him in the person of attorney Peter Rodway. From the start, the two men squabbled over defense strategy. Nevertheless, the appellant voiced no complaint to the district court and Rodway soldiered on, representing the appellant vigorously both at a suppression hearing and at trial.

Notwithstanding Rodway's valiant efforts, the jury found the appellant guilty on both counts. The district court scheduled the disposition hearing for July 10, 2001 (some four months after the verdict date). The probation department prepared and delivered the presentence investigation report (PSI Report) well in advance. Rodway reviewed it with the appellant.

Five days before the putative sentencing date, Rodway moved to withdraw as counsel. In his motion, he explained that the appellant had dismissed him and that "[t]he attorney-client relationship ha[d] broken down to the point that counsel is not able to effectively communicate with the [client]." At a chambers conference held on July 10, Rodway reiterated his desire to withdraw. The judge prudently decided to conduct an inquiry.

In open court, Judge Carter engaged in an extensive three-way colloquy with Rodway and the appellant. The judge began by querying Rodway about his reasons for moving to withdraw. Rodway explained that he and the appellant had been at loggerheads for some time, but that, as of late, communication had become especially difficult. When prompted to furnish specifics, Rodway replied only that he thought "it [was] not a good idea" for him to continue to represent the appellant.

Judge Carter then asked the appellant why the public should bear the expense of retaining a new lawyer. The appellant responded that he was dissatisfied with the defense that Rodway had offered at trial. When the appellant finished his soliloquy, Rodway interjected that the appellant's comments laid bare the root of the current conflict: Rodway wanted to concentrate his energies on the sentencing phase whereas the appellant insisted upon rehashing the trial. Rodway suggested that a new lawyer might have a better chance of impressing upon the appellant the need to get beyond a battle that already had been fought and lost.

Having heard from all parties in interest, Judge Carter denied the motion. He pointed out that Rodway had done a creditable job at trial, and that, in all events, the reasons given by the appellant in support of his request for the appointment of substitute counsel did not amount to good cause.

The proceeding then morphed into a disposition hearing. Rodway interposed numerous objections to the PSI Report and conferred with his client when the occasion demanded. When all was said and done, the judge sentenced the appellant at the top of the applicable guideline sentencing range — imposing a 235-month incarcerative term — but rejected the suggestion that he depart upwardly for reckless endangerment during flight. See USSG § 2K2.1(b)(4) (2001). This appeal followed.

II. Analysis

We subdivide our analysis into segments (corresponding to the appellant's arguments).

A. The Sixth Amendment Claim

The appellant's principal assertion is that the district court's denial of the motion to withdraw violated his Sixth Amendment right to counsel of his choice. We first limn the applicable legal standards and then address the claim.

1. The Standards. From a theoretical standpoint, the appellant's principal assertion rests on a solid foundation. The Supreme Court long has recognized that a criminal defendant "should be afforded a fair opportunity to secure counsel of his own choice." Powell v. Alabama, 287 U.S. 45, 53, 53 S.Ct. 55, 77 L.Ed. 158 (1932). This is a right of the highest priority. United States v. Proctor, 166 F.3d 396, 401 (1st Cir.1999). We caution, however, that although the right extends to indigent defendants, it does not afford them carte blanche in the selection of appointed counsel. See United States v. Machor, 879 F.2d 945, 952 (1st Cir.1989) (declaring that the right "is not absolute"); see generally Wheat v. United States, 486 U.S. 153, 159, 108 S.Ct. 1692, 100 L.Ed.2d 140 (1988) (explaining that "the essential aim of the [Sixth] Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the lawyer whom he prefers").

Once a court appoints an attorney to represent an accused, a subsequent decision to replace that attorney is committed to the informed discretion of the appointing court. In exercising that authority, the court must take into account the totality of the circumstances then obtaining (including the need for economy and efficiency in the judicial process). United States v. Richardson, 894 F.2d 492, 496 (1st Cir.1990); United States v. Poulack, 556 F.2d 83, 86 (1st Cir.1977). This means that there must be good cause for rescinding the original appointment and interposing a new one. United States v. Allen, 789 F.2d 90, 92 (1st Cir.1986). Good cause depends on objective reasonableness; it cannot be gauged solely by ascertaining the defendant's state of mind. In other words, "[l]oss of trust, standing alone, is insufficient." United States v. Woodard, 291 F.3d 95, ___ (1st Cir.2002) [slip op. at 22]. By like token, not every bump in the road entitles a criminal defendant to have his lawyer cashiered and a new one appointed. See generally Morris v. Slappy, 461 U.S. 1, 14, 103 S.Ct. 1610, 75 L.Ed.2d 610 (1983) (holding that the Sixth Amendment does not "guarantee[] a `meaningful relationship' between an accused and his counsel"). At a bare minimum, good cause demands that a defendant's professed loss of confidence in his attorney be founded upon a legitimate reason.

Under ordinary circumstances, an appellate court's inclination will be to defer broadly to the trial court in regard to such a decision. Deference makes perfect sense, for the trial court is in the best position to assess the qualitative aspects of the complex relationship between a defendant and his appointed counsel. Consequently, that court is the logical arbiter of whether (and under what circumstances) such a defendant requires substitute counsel. We will overrule such a decision only if it constitutes an abuse of the trial court's discretion. United States v. Diaz-Martinez, 71 F.3d 946, 950 (1st Cir.1995).

Although this is a deferential standard of review, it does not signify that the court of appeals will rubberstamp a trial court's rulings on such matters. When a defendant seeks the replacement of appointed counsel, we expect the trial court to conduct an appropriate inquiry into the source of the defendant's dissatisfaction. See Allen, 789 F.2d at 92. A failure to inquire may result in the reversal of an ensuing conviction. United States v. Prochilo, 187 F.3d 221, 228-29 (1st Cir.1999). Nor is that all: in assessing the district court's denial of such a motion, we will consider not only the adequacy of the court's inquiry but also factors such as the timeliness of the motion for substitution and the nature of the conflict between lawyer and client. Allen, 789 F.2d at 92. We will give special attention to the trial court's conclusion that the conflict stopped short of "result[ing] in a total lack of communication preventing an adequate defense." Id.

2. The Ruling Below. In this instance, the appellant posits that the district court abused its discretion by denying the withdrawal motion. In...