United States v. Luna-Madrid

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 18, 2002
• Docket: 01-51228
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-51228 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GILBERTO LUNA-MADRID, also known as Ramiro M. Martinez, also known as Juan Ramirez,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Texas USDC No. EP-01-CR-594-ALL-DB

June 18, 2002

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Gilberto Luna-Madrid appeals his conviction based on his

guilty plea for illegal reentry following deportation. He asserts

that the district court coerced him into pleading guilty and denied

him his right to counsel and to a jury trial by denying his request

for substitution of counsel.

We conclude that the district court did not abuse its

discretion in denying Luna’s request, particularly given the late

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. stage of the proceedings.1 Contrary to Luna’s contentions, the

district court did not require him to plead guilty or forbid him

from proceeding to a trial by jury. Luna has failed to show that

he was coerced to plead guilty by the actions of the district

court.2

AFFIRMED.

1 See United States v. Ramos, 71 F.3d 1150, 1155-56 (5th Cir. 1995); United States v. Silva, 611 F.2d 78, 79 (5th Cir. 1980) (per curiam). 2 Cf. United States v. Lampazianie, 251 F.3d 519, 524 (5th Cir. 2001).