USA vs. Delrosario (5th Cir. 2001)

Federal Circuits, 5th Cir. (January 26, 2001)

Docket number: 00-30275

Permanent Link: http://vlex.com/vid/usa-vs-delrosario-18418949
Id. vLex: VLEX-18418949

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U.S. Code - Title 18: Crimes and Criminal Procedure - 18 USC 3006 - Sec. 3006. Assignment of counsel - (Rule)

U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. Columbus Giddings, Defendant-Appellant., 37 F.3d 1091 (5th Cir. 1994)

U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. Woody Hyatt Mccormick, Jr., Defendant-Appellant., 54 F.3d 214 (5th Cir. 1995)

U.S. Court of Appeals for the 5th Cir. - United States of America, Plaintiff-Appellee, v. Norma Leticia Trevino, Defendant-Appellant., 992 F.2d 64 (5th Cir. 1993)

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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-30275 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EDWIN D. DELROSARIO, Defendant-Appellant. Appeal from the United States District Court for the Western District of Louisiana USDC No. 97-CR-20008-ALL January 24, 2001 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM: * Edwin D. Delrosario appeals his sentence following the revocation of his term of supervised release. He requests that court-appointed counsel be relieved of his duties and that new appellate counsel be appointed. Under the Criminal Justice Act (CJA), a criminal defendant is entitled to representation at every stage of the proceedings from his initial appearance before the United States magistrate or the court through appeal. 18 U.S.C. § 3006A(c). The court may, in its discretion and the interest of justice, substitute one appointed counsel for another at any stage of the proceedings on appeal. Fifth Circuit Plan under the CJA, § 2. Court-appointed counsel shall not be relieved except in the event of incompatibility between attorney and client or other most pressing circumstances. Id . at § 3; see United States v. Trevino , 992 F.2d 64, 65 (5th Cir. 1993)(singlejudge order).

DelrosarioÂ’s motion to relieve court-appointed counsel and to appoint new counsel is DENIED. Delrosario has not shown incompatibility or other pressing circumstances which would support his motion to relieve his counsel and appoint new counsel. Delrosario dissatisfaction with his attorneyÂ’s assessment of the merits of his appeal, without more, is insufficient to warrant the substitution of counsel.

DelrosarioÂ’s motion for extension of time to file a reply brief is also DENIED. With regard to DelrosarioÂ’s challenge to the revocation of his supervised release, we hold that the district court did not abuse its discretion in revoking DelrosarioÂ’s supervised release on the basis of his refusal to make restitution. United States v. McCormick , 54 F.3d 214, 219 (5th Cir. 1995). We also hold that the imposition of the statutory maximum penalty of 24 monthsÂ’ imprisonment was not plainly unreasonable. See United States v. Giddings , 37 F.3d 1091, 1093 (5th Cir. 1994). The judgment of the district court is AFFIRMED.

No. 00-30275