Ct. of Appeals granted defendant’s counsel’s motion to withdraw as counsel for defendant in appeal of Dist. Ct.’s denial of defendant’s section 2255 petition seeking lower sentence on his drug conviction involving 13 kilograms of crack, where petition was based on First Step Act of 2018. While defendant opposed said motion and asked Ct. of Appeals to compel counsel to continue with his representation, defendant does not have right to assistance of counsel at public expense, and defendant’s counsel, who is lawyer at Federal Defender, initially volunteered to represent defendant in this matter. As such, defendant could not compel his lawyer to continue representing him, and counsel was entitled to seek withdrawal based on his perception that defendant’s appeal was frivolous. As such, Ct. of Appeals granted motion to withdraw and gave defendant new deadline to file his own opening brief, but denied counsel’s proposal to dismiss appeal.
Federal 7th Circuit Court
Criminal Court
Right to Counsel