United States Second Circuit

On appeal from a judgment of conviction after a plea of guilty to counts including conspiracy to import heroin and cocaine, the conviction is vacated, where: 1) the district court erred in accepting the plea without a sufficient factual basis; 2) the error was not harmless; and 3) the district court erred by requiring the defendant to proceed pro se after disagreements with his court-appointed counsel without apprising him of the consequences of proceeding pro se or assessing his capacity to make an informed choice.

Appellate Information

• Decided 02/16/2012
• Published 02/16/2012

Judges

• Lohier

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Laurie S. Hershey, Stephen J. Meyer