[DOWNLOAD] "United States V. Iles" by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free

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eBook details

• Title: United States V. Iles
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 28, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Robert E. Iles, Sr., was found guilty of one hundred thirty-seven counts of criminal tax law violations. The Government argued at trial that three tax shelters promoted by Iles were utterly without economic substance and that many investors and the Treasury were consequently defrauded of millions of dollars. The primary issue in this appeal is whether the district court erred in appointing an attorney to represent Iles where the attorney initially had been retained by Iles and his wife, who was originally a codefendant. When the issue of the attorney's request to withdraw as retained counsel arose here, the district court was presented with two dominant issues: (1) the attorney's conflict of interest in representing both defendants caused by plea-bargain negotiations with the United States Attorney, and (2) the defendants' non-payment of attorney fees and claim of indigency. The district court addressed these problems by removing the attorney from the representation of Mrs. Iles and subsequently appointing the attorney to represent Mr. Iles, at the Government's expense. On appeal, Iles contends that he was dissatisfied with counsel and was embroiled in an irreconcilable conflict with him. He therefore argues that he was deprived of his Sixth Amendment rights when the district court appointed the attorney to represent him without inquiring into his alleged dissatisfaction. Iles, however, did not object to the appointment, did not express a wish to have new counsel appointed, and did not seek to conduct his own defense. In addition to arguing that he was deprived of his Sixth Amendment rights, Iles also argues that the evidence adduced at trial is insufficient to support his convictions. We find Iles' contentions to be without merit. As for Iles' ineffective assistance of counsel argument, however, we are precluded from reviewing this argument for the first time on appeal.

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