United States v. Harrington, No. 14-3028 (7th Cir. 2016)
Annotate this CaseHarrington sold cocaine to a confidential informant. He was convicted of seven counts under 21 U.S.C. 841(a)(1), (b)(1)(c), and 21 U.S.C. 841(a)(1), (b)(1)(B). Court-appointed attorney Charnock represented Harrington at trial. After trial, Harrington notified the court that he believed Charnock was ineffective. Without addressing the accusations, the court discharged Charnock and appointed Loeffel. Before the scheduled sentencing hearing, Loeffel sought a competency evaluation, reporting that Harrington had been exhibiting bizarre behavior and had been placed on suicide watch. Harrington opposed the motion and stated that Loeffel was trying to kill him. Harrington stated: “I’m ready to represent myself .... You can sentence me right now.” The judge denied Harrington’s request and granted Loeffel’s motion, while noting that Harrington had been in custody for a year without any question about his mental state. A psychologist who evaluated Harrington found no evidence of mental illness and opined that he was malingering. Harrington again expressed dissatisfaction with Loeffel. At the scheduled hearing, Harrington renewed his request to proceed pro se. The government warned that Harrington could appeal on grounds that he was denied the right to represent himself. The court questioned Harrington and stated that self‐representation was “as bad an idea as you may have ever had.” The court allowed Loeffel to withdraw, gave Harrington and additional two weeks, and set yet another hearing date. The Seventh Circuit affirmed his 360-month sentence.
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