United States v. Bey, No. 13-2810 (7th Cir. 2014)
Annotate this CaseIn 2006 Bey was convicted for making false statements in a bankruptcy proceeding and received a below-guidelines sentence of three months. The Seventh Circuit affirmed her conviction found that the sentence was too low and remanded for resentencing. After remand by the Supreme Court, the district court resentenced Bey to 24 months in prison and ordered her to self-surrender. After the second extension, Bey’s lawyer, Anderson, mailed her a letter enclosing the court’s order resetting her surrender date to December 2008. When Bey did not surrender, an arrest warrant was issued. After a year, she was arrested and charged with knowingly failing to surrender to serve her sentence, 18 U.S.C. 3146(a)(2). Bey moved to dismiss her indictment and to suppress evidence that attorney Anderson notified her of the self-surrender date because, she asserted, it was a privileged communication. The district court denied the motion. At trial Bey objected to testimony from Anderson about any conversations they had and to the admission of his letter to Bey. The judged redacted part of the letter, admitting three sentences from it. The Seventh Circuit affirmed. A lawyer’s communication of the defendant’s surrender date is not a privileged communication.
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