162066P.pdf   07/31/2017  United States  v.  Jose Delacruz
   U.S. Court of Appeals Case No:  16-2066
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Loken, Author, with Murphy and Benton, Circuit Judges] 
   Criminal case - Criminal law. Evidence was sufficient to establish the 
   single conspiracy charged in the indictment and there was not a fatal 
   multiple-conspiracy variance between the indictment and the proof; the 
   court did not err in rejecting defendant's request for a more specific 
   unanimity instruction on the count charging use of a firearm in 
   furtherance of the drug conspiracy; evidence was sufficient to support 
   defendant's convictions; no error in denying pretrial motions for 
   substitution of counsel as the lack of communication giving rise to the 
   motion resulted from defendant's refusal to speak with counsel rather than 
   counsel's ineffectiveness, and defendant's "stonewalling" does not entitle 
   him to new counsel.