U.S. v. Elliott

Defendant appealed from his criminal conviction after he pleaded guilty to multiple charges relating to possession of firearms and sexual exploitation of a minor, arguing that his attorney had an actual conflict of interest, the district court violated his Sixth Amendment right to conflict-free counsel, and that his guilty plea was not knowing and voluntary. The government argued that defendant’s appeal was foreclosed by the appellate waiver contained in his plea agreement. Trial counsel had filed a motion to withdraw after discovering a controlled substance concealed in documents that he had been asked to deliver to the defendant. Counsel informed the court of the reason for his motion, but defendant was not informed of the reason and subsequently objected to his attorney’s motion to withdraw. Counsel continued to represent defendant until he pleaded guilty. The Seventh Circuit affirmed, finding that while defendant’s Sixth Amendment claim was not foreclosed by the appellate waiver, defendant could not establish that he was adversely affected by the alleged conflict of interest. (EASTERBROOK and JACKSON-AKIWUMI, concurring)