United States Fourth Circuit

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US v. Williamson, 08-4055

Conviction for conspiracy to distribute cocaine is affirmed, where: 1) the admission of defendant's post-indictment, pre-arrest recording made by government information did not violate the Sixth Amendment, when although the government concedes plain error, defendant has not shown the error affected the outcome of his trial; 2) the admission of the recorded statement did not violate the Fifth Amendment because the incriminating statements were voluntary; and 3) the district court did not err in denying defendant counsel to bring a new trial motion based on newly discovered evidence because such a motion, filed after a direct appeal, is a collateral proceeding to which the Sixth Amendment right to counsel does not attach.

Appellate Information

  • Decided 02/04/2013
  • Published 02/04/2013

Judges

  • WILSON

Court

  • United States Fourth Circuit

Counsel

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