Legal Opinion

United States v. Smith

Court of Appeals for the Seventh Circuit

Decided August 19, 2010No. 09-1443PublishedCited by 26 opinions

1Opinion of the Court

KENNELLY, District Judge.

Kerry Smith pled guilty to criminal charges pursuant to a written plea agreement and was sentenced to a ninety-two month prison term. He appeals, contending that the district court erroneously deprived him of his Sixth Amendment right to retain the counsel of his choice. For the reasons stated below, we vacate Smith’s conviction and remand with instructions to permit him to withdraw his guilty plea.

I. Facts

In April 2007, a grand jury indicted Kerry Smith on a charge of conspiracy to distribute marijuana. Smith retained attorney John Rogers to represent him. The…

2Cases cited12 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Tollett v. HendersonSupreme Court of the United States · 1973
  3. Wheat v. United StatesSupreme Court of the United States · 1988
  4. United States v. Gonzalez-LopezSupreme Court of the United States · 2006
  5. United States v. VonnSupreme Court of the United States · 2002

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3Cited by26 opinions

  1. United States v. NourseCourt of Appeals for the Second Circuit · 2013
  2. State v. KatesNew Jersey Superior Court Appellate Division · 2012
  3. United States v. Roderick SinclairCourt of Appeals for the Seventh Circuit · 2014
  4. United States v. Sidney SellerCourt of Appeals for the Seventh Circuit · 2011
  5. People v. GriffinNew York Court of Appeals · 2013

21 more not listed; retrieve them via the Exa API.

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