aside the plea. VACATED and REMANDED. 1 . Rivera-Corona's guilty plea included a waiver of his right to appeal, but his contention that his plea was involuntary raises the possibility that the appeal waiver was involuntary and so not enforceable. See United States v. Pena, 314 F.3d 1152, 1154 n. 1 (9th Cir.2003). In any event, the government does not contend that the plea agreement bars this appeal. 2 . The majority opinion was joined by five of the eleven judges on the en banc panel, but four additional members of the en banc court agreed that the trial court’s refusal to permit Bradley to substitute a retained attorney for her court-appointed counsel violated her Sixth Amendment right to counsel of choice. See Bradley, 510 F.3d at 1099-1100 (Clifton, J. concurring in the judgment) (<HOLDING>). 3 . Schell’s statement that the
holding that the trial court must balance the right to counsel of choice against the needs of fairness and the demands of its calendar holding that the right to have counsel present means the right to have counsel physically present during the interrogation not merely the right to consult an attorney by telephone recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel holding the trial court violated bradleys right to counsel of choice because none of the conditions identified in wheat as overriding the right to counsel of choice were present recognizing a defendants constitutional right to be represented by counsel of his own choice