Phillips v. United States, No. 10-2154 (7th Cir. 2012)Annotate this Case
Defendant pleaded guilty to transporting a minor in interstate commerce for the purpose of prostitution, 18 U.S.C. 2423(a) and was sentenced to 210 months' imprisonment. Appeal was dismissed on the basis of waiver in the plea agreement. Defendant filed a collateral attack within a year, arguing that his attorney had a conflict of interest, because he formerly represented one of defendant's prostitutes in a different case, and furnished ineffective assistance of counsel because he did not obtain a formal waiver of the conflict. The district court denied the petition, concluding that the record did not supply any reason to think that counsel's work on the 2003 prostitution claim would have diminished his ability to represent defendant effectively. A subsequent motion under Fed. R. Civ. P. 60(b)(6) was accompanied by more factual detail, but was denied. The Seventh Circuit affirmed denial of the petition and vacated with respect to the 60(b) motion, instructing the district court to dismiss the motion as a successive collateral attack, barred by 28 U.S.C. 2244(b) even though the first ruling was still pending on appeal.
The court issued a subsequent related opinion or order on February 21, 2012.