Does the per se rule apply when an unlicensed lawyer represents a criminal defendant in court?

In rejecting the per se rule, the majority relies heavily on United States v. Merritt, 528 F.2d 650 (7th Cir.1976) (per curiam). There, as here, an unlicensed attorney represented a criminal defendant in court. There, as here, the trial court reviewed the record, concluded "that counsel's performance had been competent and denied relief." Id. at 651. But there, unlike the majority here, the appellate court concluded that the lawyer's dubious professional status "create[d] an appearance of inadequate representation" and reversed for a new trial. Id.