Circuit judges commend attorney in opinion

Jennifer Nelson
January 1, 2007
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The 7th Circuit Court of Appeals granted an attorney's motion to withdraw his client's notice of appeal because the attorney couldn't find a non-frivolous basis for an appeal. The court also commended the attorney for how he handled the appeal.

In U.S.A. v. Alan R. King, Jr., No. 07-2143, King pleaded guilty to stealing government property, loan fraud, false representation of Social Security numbers, and federal student financial aid fraud. The District Court sentenced him to 105 months imprisonment, five years of supervised release, $183,845 in restitution, and a $400 special assessment.

King filed a notice to appeal, which caused his attorney to file a motion to withdraw because the attorney couldn't discern a non-frivolous basis for the appeal. The Circuit Court limited its review to the potential frivolous issues identified by the attorney and King and found all the issues raised would be considered frivolous in appeal.

King argued he was not of sound mind when he pleaded guilty. In the per curiam opinion, the court disagreed, stating after he entered his plea he gave coherent and articulate responses.

King contends the District Court didn't give a sound reason as to why it rejected the plea agreement King reached with the government. The District Court judge did explain that he rejected the plea agreement because he disagreed with the parties' stipulated offense level, which improperly awarded King for accepting responsibility. Accepting the plea deal would give King a sentence lower than what he should receive based on the crimes he committed.

King wanted to challenge the court's finding he obstructed justice by attempting to flee while on pre-trial release. King did not return to the community corrections center where he was staying and even obtained a new driver's license with a stolen Social Security number. King also wanted to know if he could challenge the District Court's refusal to award him a reduction for the acceptance of responsibility. By recommitting the same type of crime while on release, it showed he did not accept responsibility, the court ruled, and challenging either issue would be frivolous.

A challenge to King's criminal history and whether he could challenge his prison sentence would also be frivolous, the court decided. King lied to police and a judge that his license had been suspended and claimed he was a twin and police had the wrong person in custody. The offense showed a pattern of deceptive conduct. In regards to his prison sentence, the District Court concluded a heavy sentence was required given the seriousness of his offenses.

The circuit judges closed the opinion recognizing King's attorney, James McKinley, for his ability to balance representing his client and not filing a frivolous appeal.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.