United States v. Llanez-Garcia, No. 12-3585 (6th Cir. 2013)Annotate this Case
In her representation of a client charged with alien smuggling, 8 U.S.C. 1324, Migdal, an attorney who has served as an Assistant Federal Public Defender for nearly 25 years, had a number of disagreements with the federal prosecutor, who ultimately moved for sanctions against Migdal. The prosecutor failed to follow Department of Justice policy requiring supervisory approval of sanctions requests. Despite the government withdrawing the motion and indicating that it did not believe that Migdal acted in bad faith, the district court entered orders strongly publicly reprimanding Migdal. The Sixth Circuit vacated, stating that the record does not support any basis for the orders.