Dist. Ct. erred in denying defendant’s motion to vacate his drug conviction under 21 USC sections 841(a)(1), (b)(1)(C), on ground that his trial counsel was ineffective because he advised him to plead guilty to said offense based on claim that defendant had no defense, when, in fact, he had viable defense to said offense. Instant charge alleged that defendant’s distribution of illegal drug caused death to another individual, and record showed that he, victim and another individual pooled money to purchase drugs that caused death of victim when purchased drugs were injected into him. Ct. of Appeals found that defendant had viable defense, where under circumstance of shared purchase, no “distribution” actually occurred as set forth in Swiderski, 548 US 445. On remand, defendant must establish at evidentiary hearing that but for his trial counsel’s advice, he would not have pleaded guilty.
Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel