DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152319P.pdf 05/03/2016 Michael Fiorito v. United States
U.S. Court of Appeals Case No: 15-2319
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Gruender, Author, with Murphy and Beam, Circuit Judges]
Prisoner case - Habeas. The district court did not violate Fiorito's Sixth
Amendment right to counsel when it granted his pro se request to withdraw
his guilty plea without a hearing; because Fiorito was represented by
counsel and received counsel's advice, he did not waive his right to
counsel and the district court had no duty to conduct a Faretta hearing;
the record at the Section 2255 hearing showed Fiorito understood the
dangers of abandoning his plea agreement as his lawyer repeatedly advised
him against withdrawing the plea and warned him he faced a substantially
longer sentence if he went to trial.