What is the test for a motion to substitute counsel for abuse of power?

MultiRegion, United States of America

The following excerpt is from U.S. v. Pate, 15 F.3d 1093 (9th Cir. 1994):

This court reviews a motion to substitute counsel for an abuse of discretion. United States v. Ono, 997 F.2d 647, 650 (9th Cir.1993); United States v. Schaff, 948 F.2d 501, 503 (9th Cir.1991).

Three factors are to be considered in reviewing a district court's denial of a motion for substitution: (1) timeliness of the motion; (2) adequacy of court's inquiry into the defendant's complaint; and, (3) whether the conflict between the defendant and his attorney was so great that it resulted in a complete breakdown in communication and an inability to present a defense. United States v. Garcia, 924 F.2d 925, 926 (9th Cir.), cert. denied, 111 S.Ct. 2809 (1991).

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