David Phillips v. United States of America

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ARGUED SEPTEMBER 16, 2011

Before EASTERBROOK, Chief Judge, and WOOD and TINDER, Circuit Judges.

David Phillips pleaded guilty to transporting a minor in interstate commerce for the purpose of prostitution. See 18 U.S.C. §2423(a). He was sentenced to 210 months’ imprisonment. An appeal was dismissed on the basis of a waiver in the plea agreement. (Phillips received a substantial benefit in exchange, for the prosecutor dismissed nine of the indictment’s ten counts.) The plea agreement’s waiver of appeal and collateral review contains an exception for ineffective assistance of counsel, and Phillips filed a collateral attack within the year that 28 U.S.C. §2255(f) allows for that purpose. He makes a single argument: that his attorney had a conflict of interest, because he formerly represented one of Phillips’s prostitutes in a different case, and furnished ineffective assistance of counsel because he did not obtain a formal waiver of the conflict.

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David Phillips v. United States of America

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