Ineffective Assistance of Counsel —Conflict of Interest

7^th Circuit Court of Appeals

Case Name: Terry Ferguson v. United States of America

Case No.: 25-2081

Officials: Easterbrook, Maldonado, and Taibleson, Circuit Judges.

Focus: Ineffective Assistance of Counsel —Conflict of Interest

finding Terry Ferguson was charged with conspiracy to distribute cocaine and possession of a firearm by a convicted felon. In January 2023, he pleaded guilty to both offenses pursuant to a written plea agreement containing a broad waiver of his appellate rights, with exceptions for challenges to the validity of his guilty plea and sentence. During the investigation, federal agents sought Ferguson’s cooperation in an investigation involving his attorney, Beau Brindley, and suggested that Brindley may have engaged in misconduct. Although Ferguson initially expressed an interest in cooperating, he ultimately declined and continued to be represented by Brindley throughout the proceedings.

Following his guilty plea, Ferguson filed motions in the Northern District of Illinois, Eastern Division, seeking dismissal of the indictment on grounds of selective or vindictive prosecution. He alleged that investigating agents had targeted him because of personal animus. The district court denied the motions, finding no evidence of an improper prosecutorial motive and concluding that Ferguson had waived these defenses by pleading guilty. Ferguson also moved under 28 U.S.C. § 2255 to vacate his sentence, alleging that Brindley had provided ineffective assistance because the government’s investigation of the attorney created a conflict of interest. The district court rejected the claim, concluding that Ferguson had not demonstrated an actual conflict or any adverse effect on Brindley’s representation.

On consolidated appeal, the Seventh Circuit concluded that Ferguson had failed to establish either an actual conflict of interest or any adverse effect on counsel’s performance. The court separately dismissed Ferguson’s appeal from the denial of his motions to dismiss the indictment, finding that his plea agreement’s appellate waiver encompassed those claims.

Affirmed.

Decided 08/07/26

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