United States v. Berkeley

GARLAND, Circuit Judge:

Frank Berkeley agreed to plead guilty to a single count of distributing cocaine base. In exchange, the government agreed to drop a second count and to ensure that Berkeley would not be prosecuted for possession of a gun and drugs found at the scene of his arrest. Before sentencing, Berkeley moved to withdraw his plea, arguing that his lawyer failed to inform him of an entrapment defense because of a conflict of interest, and that the lawyer’s advice concerning his eligibility for early release constituted ineffective assistance of counsel. After an evidentiary hearing,…