United States Seventh Circuit

Conviction of defendant for conspiracy to distribute marijuana, money laundering, concealment of information from the Social Security Administration, and making false statements, and sentence of ninety-two months' imprisonment is vacated and remanded where: 1) given the court's failure to meet the requirements of Rule 11(b)(1)(N) and the fundamental nature of the underlying right at issue, the plea agreement's appellate waiver does not preclude defendant from challenging on direct appeal the court's alleged denial of his right to counsel of his choice; and 2) defendant is entitled to have his guilty plea vacated as district court erroneously denied defendant his constitutional right to his choice of defense counsel, and under Gonzalez-Lopez, defendant is not required to prove that he was prejudiced by the violation.

Appellate Information

• Argued 01/19/2010
• Decided 08/19/2010
• Published 08/19/2010

Judges

• KENNELLY, District Judge

Court

• United States Seventh Circuit

Counsel