Absence of counsel at post-sentencing evidentiary hearing on attorney-client communication breakdown is not structural error

SIXTH AMENDMENT RIGHT TO COUNSEL United States v. Lott, No. 04-6268, ___ F.3d ___ (10th Cir. Jan. 5, 2006)(W.D. Oklahoma). Appeal of district court’s denial of defendant’s motion for substitute counsel HELD: Assuming that defendant’s lack of representation at evidentiary hearing on breakdown in communication with attorney at sentencing constituted violation of defendant’s Sixth Amendment right to counsel, error was not structural and could be reviewed for harmlessness. Read the opinion here.