US v. Jose Morales-Espino

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:13-cr-00046-BO-2. Copies to all parties and the district court/agency. [999406803]. [13-4943]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4943

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSE LUIS MORALES-ESPINO, a/k/a Luisito,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
Terrence W. Boyle,
District Judge. (7:13-cr-00046-BO-2)

Submitted:

July 11, 2014

Decided:

July 31, 2014

Before NIEMEYER, MOTZ, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cindy H. Popkin-Bradley, CINDY H. POPKIN-BRADLEY, Raleigh, North
Carolina, for Appellant.
Thomas G. Walker, United States
Attorney, Jennifer P. May-Parker, Yvonne V. Watford-McKinney,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jose Luis Morales-Espino pled guilty, pursuant to a
plea agreement, to conspiracy to distribute and possess with
intent

to

violation

distribute
of

21

five

U.S.C.

kilograms

or

§§ 841(a)(1),

more

of

(b)(1)(A),

cocaine,
846

in

(2012).

Morales-Espino was initially appointed counsel, but subsequently
retained counsel, Ms. Stewart, who represented him throughout
the district court proceedings.

Approximately ten days before

his scheduled sentencing hearing, Morales-Espino signed a letter
to the district court in which he stated his intent to dismiss
Ms. Stewart from further representation, and requested that the
district

court

appoint

counsel

because

he

financial ability to retain new counsel.

did

not

have

the

At sentencing, the

district court inquired whether Morales-Espino desired to pursue
his request for new counsel.

After consulting Morales-Espino,

Ms. Stewart informed the court that he desired to withdraw the
request.

The district court then engaged in a colloquy in which

Morales-Espino
against

Ms.

expressed
Stewart

representation.

The

and

that

he

had

desired

district

to

court

resolved
have

her

his

complaints

continue

subsequently

her

sentenced

Morales-Espino to 108 months of imprisonment.
On appeal, Morales-Espino, represented by new counsel,
argues that the district court abused its discretion in failing
to more thoroughly inquire into his dissatisfaction with Ms.
2

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Stewart, as articulated in his letter to the court.
defendant

raises

a

seemingly

substantial

“When a

complaint

about

counsel, the judge has an obligation to inquire thoroughly into
the

factual

basis

of

defendant’s

dissatisfaction.”

United

States v. Mullen, 32 F.3d 891, 896 (4th Cir. 1994) (internal
quotation marks and citations omitted).
Because Morales-Espino did not raise this assertion of
error in the district court, our review is for plain error.

See

Fed. R. Crim. P. 52(b); United States v. Olano, 507 U.S. 725,
731-32 (1993).
show:

To establish plain error, Morales-Espino must

“(1) there is an error, (2) the error is plain, . . .

(3) the error affects substantial rights . . . [and] (4) the
error

seriously

reputation
States,

of

133

S.

affects
judicial
Ct.

the

fairness,

integrity

1121,

1126-27

(2013)

public

Henderson

proceedings.”

or
v.

United

(internal

quotation

marks and alterations omitted).
Our review of the record leads us to conclude that the
district

court

did

not

err

in

failing

to

inquire

into

the

specific allegations in Morales-Espino’s letter to the court.
At sentencing, the court correctly initially inquired whether
Morales-Espino’s request for new counsel remained active.
consulting
and

the

with

Morales-Espino,

district

Morales-Espino

to

court
ensure

engaged
that

counsel
in
he

3

a
no

withdrew
thorough
longer

the

request,

colloquy

wished

After

to

with
have

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substitute counsel appointed and wished to continue with Ms.
Stewart representing him.

In light of Morales-Espino’s clear

affirmative answers to that colloquy, the district court was not
required to inquire further.

Thus, there is no error, plain or

otherwise.
Accordingly, we affirm the district court’s judgment.
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

AFFIRMED

4