United States v. Beltran Valdez, No. 11-50117 (9th Cir. 2011)
Annotate this CaseDefendant appealed from an oral order denying his request for appointment of new counsel and permitting him to proceed pro se. Defendant was charged in a superseding indictment with one count of being a previously deported alien found in the United States and was currently incarcerated and waiting trial. The court held that it lacked jurisdiction because the collateral order doctrine barred the immediate appeal of an order denying a request to appoint replacement counsel. Because it was clear that the order denying appointment of replacement counsel could be reviewed effectively after trial, the court declined to treat the appeal as a petition for mandamus.
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