United States v. Johnson, No. 13-1626 (6th Cir. 2014)
Annotate this CaseAfter selling heroin to an undercover FBI agent, Johnson was charged with a drug offense by the State of Michigan. He declined the state’s plea offer. The state dismissed the charges, and a federal grand jury later indicted him. Johnson was convicted of: conspiracy to distribute heroin, 21 U.S.C. 846; possession of heroin with the intent to distribute and distribution, section 841(a)(1); use of a communication facility to facilitate the drug conspiracy, section 843(b); and use of a residence for the purpose of distributing heroin, section 856(a)(1). Johnson claimed that he was deprived of effective assistance of counsel in the state plea negotiations that preceded his federal prosecution, and that, as a result, the federal indictment against him should have been dismissed. The Sixth Circuit rejected the claim and affirmed, noting that there was no indication that federal prosecutors were involved in his state-court case, nor any indication that Johnson’s representation in his state plea negotiations was ineffective.
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