United States First Circuit

Even though defendant's attorney had an incentive to avoid implicating himself in the perjury to which the recanting witness was admitting and the attorney was himself a material witness to the perjury, defendant must show how the alleged conclict affected the attorney's course of action in order to prevail on an ineffectiveness of counsel claim.

Appellate Information

• Decided 04/30/2001
• Published 04/30/2001

Judges

• TORRUELLA, Chief Judge., Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Francisco Rebollo-Casalduc, with whom Nachman, Guillemard & Rebollo, were on brief, for appellant Sotomayor., Marlene Aponte-Cabrera, for appellant Borel., Benjamin S. Waxman, with whom Alan S. Ross, Robbins, Tunkey, Ross, Amsel, Raben, Waxman & Eiglarsh, P.A., Rafael F. Castro-Lang, Castro & Castro and Fernando J. Carlo, were on brief, for appellant Kourí.


• For Appellees:
  
• Richard A. Friedman, Appellate Section, Criminal Division, with whom Guillermo Gil, United States Attorney, María Domínguez and Edna C. Rosario, Assistant United States Attorneys, were on brief, for appellee.