United States v. Lewisbey

Lewisbey purchased guns at Indiana gun shows with a fake I.D., sold them in Illinois, and boasted about it on Facebook. Federal agents began an undercover operation. After Lewisbey sold a total of 43 guns to a confidential informant in five separate controlled purchases, he was charged with unlawful dealing in firearms without a license, 18 U.S.C. 922(a)(1)(A); illegally transporting firearms across state lines, sections 922(a)(3), 924(a)(1)(D); and traveling across state lines with intent to engage in unlicensed dealing of firearms, section 924(n). Lewisbey was represented by Attorney Brindley, who was facing a criminal contempt proceeding. Questioned by the judge about the potential conflict of interest, Lewisbey expressly waived any conflict and consented to Brindley’s continuation as his counsel. Lewisbey was convicted and sentenced to 200 months’ imprisonment. The government subsequently obtained a limited remand to address a new criminal investigation targeting Brindley. Brindley withdrew. Another attorney took over Lewisbey’s appeal. The Seventh Circuit affirmed, rejecting claims of violation of Lewisbey’s Sixth Amendment right to conflict-free counsel; that the Facebook posts and text messages taken from his phones should have been excluded on hearsay and authentication grounds or based on prejudicial impact under Federal Rule 403; and that the government’s cell-phone location expert did not satisfy the “Daubert” factors. View "United States v. Lewisbey" on Justia Law