United States Fifth Circuit

Denial of defendant's motion to vacate, set aside, or correct his sentence for drug related offenses is vacated and remanded where further proceedings were required for purposes of defendant's claim that he received ineffective assistance of counsel due to his attorney's conflict of interest; and 2) there was insufficient evidence in the record for review of the denial of a claim that sentencing counsel also performed ineffectively by failing to present a valid argument for exclusion of a prior drug transaction from a drug-quantity determination.

Appellate Information

• Decided 11/09/2007
• Published 11/09/2007

Judges

• EMILIO M. GARZA, Circuit Judge:, Before REAVLEY, SMITH and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Odell Culverhouse, Fort Worth, TX, pro se.


• For Appellees:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Luke Frazier, San Antonio, TX, for Plaintiff-Appellee.