United States v. Caviedes-Zuniga, No. 19-1104 (7th Cir. 2020)
Annotate this CaseCaviedes-Zuniga pleaded guilty to distributing 140 grams of heroin. 21 U.S.C. 841(a)(1), (b)(1)(B). He was sentenced to 111 months’ imprisonment, 77 months below the 188 -235 months recommended by the Sentencing Guidelines. After filing a notice of appeal, he told his lawyer that he wants a trial. He also told his attorney that he does not wish to contest his sentence if the conviction remains in place. Counsel asked to withdraw, representing that he deems the appeal frivolous; he argued that a successful appeal could upset the sentence and harm the defendant. The Seventh Circuit agreed and dismissed the appeal as frivolous, allowing counsel to withdraw. A judge might well reconsider the sentencing discount for acceptance of responsibility on learning that on appeal Caviedes-Zuniga tried to have the plea vacated, even if the attempt failed.
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