United States of America, Plaintiff-appellee, v. Isaac Jakubowicz, Defendant-appellant, 83 F.3d 429 (9th Cir. 1996)Annotate this Case
Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges.
Isaac Jakubowicz appeals his jury conviction on three counts of willfully making and subscribing false income tax income returns, in violation of 26 U.S.C. § 7206(1). Jakubowicz contends that his Sixth Amendment right to counsel was denied when his retained counsel was allowed to withdraw over Jakubowicz's objection. We affirm the judgment of conviction.
The court did not abuse its discretion in allowing Jakubowicz's retained counsel to withdraw. The record in this case shows that Jakubowicz himself undermined his relationship with his attorney through persistent harassing and insulting behavior. The court properly found that the relationship between Jakubowicz and his retained attorney had deteriorated to the point of " 'irreconcilable conflict' " such that ineffective assistance of counsel was likely to result. United States v. Fagan, 996 F.2d 1009, 1014 (9th Cir. 1993) (citation omitted); see also Wheat v. U.S., 486 U.S. 153, 162, reh'g denied, 487 U.S. 1243 (1988). The district court judge held an adequate in camera hearing to determine the legitimacy of Fadem's request for withdrawal. See Bland v. California Dept. of Corrections, 20 F.3d 1469, 1476 (9th Cir.), cert. denied, 115 S. Ct. 357 (1994).