United States v. Kole

164 F.3d 164 (1998)

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United States v. Kole

United States Court of Appeals for the Third Circuit
164 F.3d 164 (1998)

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  • Written by Rich Walter, JD

Facts

A federal district court convicted Agnes Kole (defendant) for violating 18 U.S.C. 851, a statute enacted to suppress the international trade in illegal narcotics. The district court applied the enhanced-sentencing provisions of 21 U.S.C. § 960 to increase Kole’s prison sentence by 20 years based on Kole’s prior drug conviction by a Philippine court. On appeal to the Third Circuit, Kole claimed that the Philippine court denied Kole’s right to a jury trial and that Kole’s Philippine lawyer had a conflict of interest that effectively denied Kole’s right to counsel. Kole pointed out that both rights were guaranteed by the Sixth Amendment and that § 851 expressly barred consideration of any prior conviction obtained in violation of a defendant’s constitutional rights.

Rule of Law

Issue

Holding and Reasoning (McKee, J.)

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Casebooks

International Criminal Law

Key Terms

  • Extraterritorial Application of LawThe legal ability of a state or nation to pass a law that is intended to take effect beyond the state’s or nation’s borders.
  • Sixth Amendment Right to CounselRight of a person accused of a crime to have the help of an attorney throughout any criminal prosecution.
  • Conflict of InterestA genuine or perceived incompatibility between two competing interests, which generally arises when a person's primary interest is unduly influenced by a secondary interest (for example, a conflict between a person's employment duties and the person's personal financial interests). The main types of conflict of interest are familial/intimate relationships, financial, and confidential information. In the legal-ethics context, in the event of a conflict between the interests of two of a lawyer's clients—including former clients—the lawyer cannot represent one client in a matter that could be adverse to the other client's interests without the prior, informed consent of both clients.
  • Enhanced SentenceAn increased criminal penalty based on a convicted defendant's prior record or the aggravating circumstances of his crime.
  • Sixth Amendment Right to Jury TrialRight of a criminal defendant to be tried by an impartial jury drawn from the state and district where the crime was allegedly committed. A defendant is entitled to a jury trial if the maximum sentence that could be imposed on the defendant is greater than six months' imprisonment. However, even if the crime carries a maximum potential sentence of less than six months' imprisonment, the defendant may still have the right to a jury trial if the other statutory penalties for the offense are so severe that they suggest a legislative intent to treat the crime as a serious crime.

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