United States v. Campos-Rivera, No. 19-3214 (7th Cir. 2021)Annotate this Case
In 2011, Campos-Rivera, a citizen of Mexico, was convicted of Illinois state felonies He was removed but reentered and was apprehended in 2018. Charged with unlawfully reentering the U.S. after removal, 8 U.S.C. 1326(a), he was initially represented by an assistant public defender. Counsel was allowed to withdraw at Campos-Rivera’s request based on an irreconcilable conflict. A new lawyer was appointed. Campos-Rivera then filed multiple pro se motions raising issues that his new attorney declined to pursue. The judge told him that he could not proceed pro se and through counsel. Campos-Rivera asked the judge to dismiss his attorney and appoint a third. The judge declined, giving Campos-Rivera a choice: move forward with his current lawyer or proceed pro se. Campos-Rivera chose the latter. The judge then denied the pro se motions and later found Campos-Rivera guilty.
The Seventh Circuit affirmed. A disagreement between attorney and client over pretrial motions is not grounds for the appointment of a new attorney. Campos-Rivera validly waived his right to counsel; the judge conducted a comprehensive waiver colloquy to ensure that the decision was fully informed and voluntary. Campos-Rivera’s challenge to the sufficiency of the evidence fails because section 1326(a) is a general-intent crime. The government need only prove that the defendant knowingly reentered the U.S., not that he intended to do so unlawfully. The stipulated facts support an inference of knowing reentry. No specific factual finding regarding the intent element was necessary.