Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right to claim he was denied this right by pleading guilty under the advice of the Counsel forced upon him?

This Honorable Court has decided that the erroneous denial of Counsel of Choice violates the Sixth Amendment, United States v. Gonzalez-Lopez, 548 U.S. 140, 126 S.Ct. 2557, 165 L. Ed. 2d 409 (2006). Indeed the Gonzalez-Lopez Court found that such a denial affected the very "framework within which the trial proceeds or indeed on whether it proceeds at all." The Court held that "A trial Court's erroneous deprivation of a criminal defendant's choice of Counsel entitles him to reversal of his Conviction." Consistent with that conclusion the 5th Circuit in United Sates v. Sanchez-Guerrero , 546 F. 3d. 328 (5th Cir. 2008). And the 7th Circuit in United States V. Smith, 618 F. 3d 657 (7th Cir. 2010), relying on Gonzalez-Lopez precedent, guilty plea does not waive the defendants' right to challenge the Sixth Amendment Violation. They conclude that "defendants guilty plea did not waiveconcluded that a his claim that he was denied his Sixth Amendment right of choice of Counsel." Ironically the 8th Circuit is the same Circuit from which the Gonzalez-Lopez opinion originated, it has now in the instant case created both, a Circuit split and intra circuit split with its ruling in the case at BAR. The question is: Whether a defendant who is erroneously denied his Counsel of Choice in Violation of the Sixth Amendment, which is structural error, waives his right to claim he was denied this right by pleading guilty under the advice of the Counsel forced upon him? i TABLE 0 FCONTENTS Question presented