United States v. Lee

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-10241 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHRISTOPHER LEE,

Defendant-Appellant.

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Appeal from the United States District Court for the Northern District of Texas 3:95-CR-351-G) ______________________________________________ October 10, 1996

Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Christopher Lynn Lee appeals his guilty-plea conviction and

sentence for two counts of using and carrying a firearm during and

in relation to a crime of violence, in violation of 18 U.S.C.

§ 924(c)(1). Lee argues that the district court abused its

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. discretion in denying his motion to disqualify defense counsel and

appoint substitute counsel.

We have reviewed the record and the district court’s oral

ruling of February 27, 1996, and find no reversible error. Lee’s

claim of conflict of interest is based upon the relationship

between attorney Carroll and attorney McLarty as it relates to

pursuing a motion to withdraw his plea of guilty. Inasmuch as the

district court correctly determined that attorney Carroll was not

ineffective and that there was no basis upon which to grant Lee’s

motion to withdraw, there was no basis upon which to disqualify

attorney McLarty. Lee was not denied conflict-free counsel when

attorney McLarty did not pursue a meritless motion to withdraw.

Accordingly, we AFFIRM essentially on the same reasoning as

the district court.