Appeal from the United States District Court for
the Western District of Tennessee at Memphis.
Nos. 2:12-cv-02266; 2:08-cr-20302-1—Samuel H. Mays, Jr., District Judge.
Argued: October 11, 2017
Decided and Filed: March 23, 2018
Before: COLE, Chief Judge; BATCHELDER, MOORE, CLAY, GIBBONS,
ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE, WHITE,
STRANCH, DONALD, THAPAR, and BUSH, Circuit Judges.
ALICE M. BATCHELDER, Circuit Judge. Appellant John Turner asks us to overrule
nearly four decades of circuit precedent holding that the Sixth Amendment right to counsel does
not extend to preindictment plea negotiations. See United States v. Moody, 206 F.3d 609, 614–
15 (6th Cir. 2000) (citing United States v. Sikora, 635 F.2d 1175 (6th Cir. 1980)). We decline to
do so. Our rule—copied word for word from the Supreme Court’s rule—is that the Sixth
Amendment right to counsel attaches only “at or after the initiation of judicial criminal
proceedings—whether by way of formal charge, preliminary hearing, indictment, information, or
arraignment.” Id. at 614 (quoting Kirby v. Illinois, 406 U.S. 682, 689 (1972) (plurality opinion));
see also United States v. Gouveia, 467 U.S. 180, 188 (1984). The district court followed this
rule, and we AFFIRM.