United States v. Kerr, No. 11-5462 (2d Cir. 2014)Annotate this Case
Defendant pled guilty to drug-related offenses. On appeal, defendant argued that his erratic and irrational behavior following the entry of his plea required the district court to hold a competency hearing before imposing sentence and that he was deprived of his Sixth Amendment right to counsel by the denial of his multiple post-plea requests for an attorney to help him withdraw his plea. The court held that the district court was not required to hold a competency hearing before defendant's plea; defendant's post-plea behavior was not so erratic that it should have given the district court reason to doubt his competency; the district court did not abuse its discretion by denying defendant's post-plea requests for an attorney in light of defendant's alternating positions with respect to representation and his attempt to delay the proceedings; and defendant's sentence was reasonable. The court rejected defendant's arguments in his pro se brief. Accordingly, the court affirmed the judgment of the district court.
The court issued a subsequent related opinion or order on June 18, 2014.