United States v. Ductan

Defendant appealed his convictions for conspiracy to possess with intent to distribute marijuana, possession with intent to distribute marijuana (and aiding and abetting the same), and carrying a firearm during and in relation to those drug trafficking crimes. The court held that the magistrate judge erred in concluding that defendant forfeited his right to counsel. Further, nothing in the record supports the government’s alternate contention that defendant either expressly or impliedly waived that right. Accordingly, the court vacated the conviction and remanded for a new trial because the error is not harmless. View "United States v. Ductan" on Justia Law