Motion for Substitute Counsel

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7^th Circuit Court of Appeals

Case Name: United States of America v. Robert Smith

Case No.: 23-2472

Officials: Easterbrook, Ripple, and Jackson-Akiwumi, Circuit Judges.

Focus: Motion for Substitute Counsel

Robert Smith pleaded guilty to conspiracy to distribute methamphetamine and conspiracy to commit money laundering. Nearly 11 months later, just before his sentencing, Smith’s attorney moved to withdraw at Smith’s request, citing dissatisfaction with representation. The court denied the motion and refused to appoint substitute counsel. Smith was sentenced to 324 months in prison, below the guidelines range. He appealed the denial of his request for substitute counsel and the substantive reasonableness of his sentence.

The Southern District of Illinois initially scheduled Smith’s sentencing for January 2023 but granted several continuances at Smith’s request. The court eventually set the sentencing for July 12, 2023, warning against further delays. On July 11, Smith’s attorney filed a motion to withdraw, which the court denied after a hearing. The court found no breakdown in communication between Smith and his attorney, attributing the motion to a tactical delay. Smith’s subsequent attempts to retain new counsel were unsuccessful, and his attorney represented him at sentencing.

The Seventh Circuit held that the district court did not abuse its discretion in denying the motion for substitute counsel, noting the motion’s untimeliness and the adequacy of the court’s inquiry into Smith’s concerns. The court also found that the disagreements between Smith and his attorney were strategic and did not constitute a total breakdown in communication. Additionally, the court ruled that Smith’s below-guidelines sentence was substantively reasonable, given the district court’s thorough consideration of the relevant factors.

Affirmed.

Decided 07/11/24

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