United States Sixth Circuit

Conviction of defendant for possession with intent to distribute cocaine, and for possession of firearms in furtherance of a drug trafficking offense are affirmed as: 1) if a defendant has disclosed truthful information to demonstrate financial inability and obtain counsel under the Sixth Amendment, that information may not thereafter be admitted against him at trial on the issue of guilt; 2) in this case, the information disclosed by defendant in his financial affidavit was disclosed in order to obtain counsel, and the admission of the affidavit was error; but 3) the error was not plain and reversal was not required.

Appellate Information

• Argued 04/29/2010
• Decided 05/17/2010
• Published 05/17/2010

Judges

• Before: COOK and McKEAGUE, Circuit Judges; HOOD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:J. Patten Brown, III, Law Offices of Pat Brown, Hartford, Connecticut, for Appellant. Debra A. Breneman, Assistant United States Attorney, Knoxville, Tennessee, for Appellee. ON BRIEF:J. Patten Brown, III, Law Offices of Pat Brown, Hartford, Connecticut, for Appellant. David C. Jennings, Assistant United States Attorney, Knoxville, Tennessee, for Appellee.