United States v. Sellers, No. 09-2516 (7th Cir. 2011)
Annotate this CaseAfter a stake-out, officers pulled defendant's car over in Indiana for traffic violations and found a loaded handgun registered in Illinois. An inventory search following arrest for possession of a handgun without the requisite license revealed bags of crack cocaine. Defendant retained counsel (Wiener), who never filed an appearance; Wiener asked Oppenheimer, unknown to the defendant, to serve as secondary counsel. Oppenheimer missed several deadlines, including one for a motion to suppress. Continuances were denied; defendant attempted to fire Oppenheimer and informed the court of his dissatisfaction. The court denied a continuance to retain a new attorney, so Oppenheimer represented defendant at trial. Defendant was convicted of possession with intent to sell cocaine and possession of a firearm used in drug trafficking and sentenced to 180 months incarceration. The Seventh Circuit vacated and remanded, holding that the defendant was denied his Sixth Amendment right to counsel of his choosing. The court acted arbitrarily in not considering all the circumstances; although Oppenheimer was at fault with respect to many late filings, there was no evidence that the defendant was attempting to delay the trial.
The court issued a subsequent related opinion or order on June 2, 2011.
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