Jon Henry Sweeney v. United States

BRIGHT, Circuit Judge.

Jon Sweeney (Sweeney) in this post-conviction proceeding seeks relief from his underlying criminal conviction relating to the unauthorized interception of cable service and illegal currency structuring for which he is serving 70 months (5 years, 10 months) imprisonment. Sweeney argues that his Sixth Amendment right to counsel was violated when his attorney left the courtroom, with the permission of the district court, 1 to go to the bathroom during the government’s direct examination of a co-conspirator. The district court recognized that the departure violated Sweeney’s…