United States v. Wheeler, No. 15-2785 (7th Cir. 2016)
Annotate this CaseWheeler pled guilty in 2006 to possessing a firearm as a felon, 18 U.S.C. 922(g)(1), and was sentenced to 108 months in prison followed by 36 months of supervised release. Ten months after he began serving the term of supervision, the government sought revocation, 18 U.S.C. 3583(e) and (g), alleging that Wheeler had tested positive for marijuana four times, missed nine drug-treatment sessions, and twice failed to submit a monthly supervision report. After Wheeler admitted the allegations, the district court revoked his supervised release and imposed 21 months of reimprisonment to be followed by another 12 months of supervised release. Wheeler filed a notice of appeal, but his appointed attorney filed an Anders motion to withdraw, asserting that the appeal is frivolous. The Seventh Circuit granted the motion and dismissed the appeal. There is no constitutional right to counsel in a revocation proceeding where the defendant admits violating the conditions of his supervision and neither challenges the appropriateness of revocation nor asserts substantial and complex grounds in mitigation.
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