U.S. v. Flores

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 13-2276
Decision Date: 
January 3, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
In prosecution on illegal reentry into U.S and weapons-related drug charges, defendant failed to establish that his trial counsel was ineffective when he told jury that defendant had indeed distributed cocaine after reentering U.S. without permission, where trial counsel unsuccessfully tried to persuade jury that govt. did not establish guilt beyond reasonable doubt on weapons-related charges. Under Nixon, 543 US 175, counsel may concede guilt on some charges as part of effort to make defense credible, and although defendant claimed that counsel never informed him of said strategy, defendant failed to make record in instant direct appeal regarding what, if anything, counsel told him about trial strategy so as to allow Ct. of Appeals ability to consider issue.