Turner v. United States

Turner robbed four Memphis-area businesses at gunpoint in October 2007 and was arrested by officers working with a joint federal-state anticrime task force. He was charged with aggravated robbery under Tennessee law and retained attorney McDaniel. During the pendency of the state proceedings, the U.S. Attorney’s Office told McDaniel that the United States planned to bring federal charges against Turner under the Hobbs Act, 18 U.S.C. 1951, for interference with commerce by threats or violence, and for using a firearm during a crime of violence, 18 U.S.C. 924(c). Turner rejected a federal plea offer (15 years imprisonment) regarding the uncharged case, but subsequently pled guilty to those charges with a 25-year sentence. He moved, under 28 U.S.C. 2255 to vacate or set aside his federal conviction based on ineffective assistance of counsel during federal plea negotiations. The government argued that Turner had no Sixth Amendment right to counsel regarding plea negotiations conducted before the filing of formal charges. The district court denied the motion without reaching the merits of the ineffective assistance of counsel claim. The Sixth Circuit affirmed, citing its precedent holding that the Sixth Amendment right to counsel does not attach before formal charges are filed. View "Turner v. United States" on Justia Law