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U.S. v. SMITH

No. 09-4760.

640 F.3d 580 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Allen SMITH, a/k/a Poe, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 17, 2011.

Attorney(s) appearing for the Case

ARGUED: Sicilia Englert , Lawlor & Englert, LLC, Greenbelt, Maryland, for Appellant. Christopher M. Mason , Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Rod J. Rosenstein , United States Attorney, Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge DAVIS wrote the majority opinion, in which Judge KING concurred, and in which Judge AGEE concurred except as to Part II.B. Judge AGEE wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

DAVIS, Circuit Judge:

In this appeal from a 151-month sentence based on Appellant Allen Smith's guilty plea, we explore the interrelationship of the Fifth Amendment due process requirement that a guilty plea be voluntary and the Sixth Amendment guarantee that an accused enjoy "the Assistance of Counsel."

During the proceedings below, Smith advised the district court that his relationship with counsel was irretrievably fractured and requested...

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