United States v. Pacheo-Romero, No. 19-14446 (11th Cir. 2021)Annotate this Case
Appellants Lee, Bennett, and the law firm challenge the district court's orders requiring the firm to pay $15,000 into the court's registry and directing that $7,000 of those funds be paid to the Criminal Justice Act (CJA) fund to cover the fees and expenses of defendants' court-appointed counsel. In this case, shortly after defendants were arraigned, the district court disqualified the attorneys and the law firm from representing any of the defendants based upon an actual or potential conflict of interest. The law firm had already collected a total of $21,000 from defendants.
The Eleventh Circuit dismissed for lack of jurisdiction appellants' challenge to the district court's determination that funds were available to defendants. The court explained that this argument does not fit within the narrow exception that permits the court to review a district court's compliance with 18 U.S.C. 3006A's procedures. The court affirmed in all other respects. The court concluded that there was no error in the district court sua sponte raising the question of whether a portion of the fees paid to appellants were available for payment from or on behalf of defendants; the district court performed a thoroughly appropriate inquiry before entering its order directing the payment of $15,000 into the court's registry; and appellants were able to seek further review in the district court when they filed objections to the magistrate judge's order. Even if the court assumed that the district court failed to afford appellants adequate notice and opportunity to be heard before directing them to pay money into the court's registry, the error was harmless. Finally, the district court committed no procedural error based on the timing of its order directing appellants to pay funds into the court's registry.