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7th Circuit orders new defense counsel

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In an order handed down late Monday afternoon, the 7th Circuit Court of Appeals relieved a court-appointed defense counsel from representing his client and will appoint new counsel in a future order.

In United States of America v. Shaaban Hafiz Ahmad Ali Shaaban, No. 06-2801, Shaaban had been convicted in the Southern District of Indiana of various offenses related to trying to sell the names of CIA agents working covertly in Iraq to the Iraqi Intelligence Service. Shaaban was sentenced to 160 months in prison.

He appealed, but his appointed counsel sought to withdraw because he believed any issue raised on appeal would be frivolous. The 7th Circuit Court denied the motion and ordered counsel to address whether the District Court miscalculated the guideline range to sentence Shaaban.

Just before the 7th Circuit affirmed the sentence, the defense counsel sent a letter to Shaaban stating if the appeal was denied, the counsel would "argue for a rehearing and the appeal would not be final until rehearing were denied." Shaaban received another letter from his counsel just after the deadline to file a petition for rehearing lapsed, saying his sentence had been affirmed, but counsel made no mention of filing for a rehearing.

Shaaban filed a motion to recall the mandate because he believed his attorney did not follow through on his promise to file a rehearing request and Shaaban should be allowed to file one, even though the deadline had passed.

The appointed counsel was ordered to respond to the motion and stated he believed the affirmation and decision of the 7th Circuit on the case left him with only a frivolous appeal. He conceded he erred in not explaining to Shaaban his reasons for not filing for a rehearing and would file a petition for rehearing if the court deemed it necessary.

But the federal appellate court relieved the appointed counsel of his duties, finding he failed to communicate with Shaaban and already formed an opinion that the petition for rehearing was not necessary. In order to ensure full protection of Shaaban's right to counsel, new counsel will be appointed in a separate order, wrote Judge Kenneth Ripple. The newly appointed counsel shall file either a petition for rehearing or a motion to withdraw on the ground that any such petition would be frivolous and must do so within 30 days of appointment.

If the new counsel wants to withdraw because no nonfrivolous issue can be raised in a petition for rehearing, then Shaaban can file a response pursuant to 7th Circuit Rule 51(b).

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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