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Ineffective Assistance of Counsel – Restitution
By: Derek Hawkins//March 19, 2018//
Listen to this article7th Circuit Court of Appeals
Case Name: United States of America v. Christopher A. Jansen
Case No.: 17-1005
Officials: FLAUM, SYKES, and HAMILTON, Circuit Judges.
Focus: Ineffective Assistance of Counsel – Restitution
Defendant Christopher Jansen pleaded guilty to one count of wire fraud and one count of tax evasion. He later sought to withdraw his guilty plea, arguing it was not “knowing and voluntary” because of ineffective assistance of counsel. The district court denied that motion, holding that Jansen’s counsel was not ineffective. We affirm. On the limited issue of restitution, we remand to allow the district court to clarify that its imposition of restitution is a condition of supervised release rather than a criminal penalty.
Affirmed in part. Remanded in part.
Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.
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