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U.S. v. BERKELEY

No. 08-3017.

567 F.3d 703 (2009)

UNITED STATES of America, Appellee v. Frank BERKELEY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

June 9, 2009.

Attorney(s) appearing for the Case

Billy L. Ponds filed a brief for appellant. Frank Berkeley, pro se, filed supplemental briefs for appellant.

Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese III, Mary B. McCord, and J.P. Cooney, Assistant U.S. Attorneys, were on the briefs for appellee.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Frank Berkeley agreed to plead guilty to a single count of distributing cocaine base. In exchange, the government agreed to drop a second count and to ensure that Berkeley would not be prosecuted for possession of a gun and drugs found at the scene of his arrest. Before sentencing, Berkeley moved to withdraw his plea, arguing that his lawyer failed to inform him of an entrapment defense because of a conflict of interest, and that the lawyer...

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