United States Seventh Circuit

District court's denial of defendant's petition for habeas relief from his conviction for drug and weapons related offenses, claiming that he was denied his right to conflict-free counsel because at the time of his trial, his counsel was subject to prosecution by the same U.S. Attorney's office that was prosecuting him, is vacated and remanded as the district court erred by denying the motion prematurely because defendant's pro se motion, affidavit, and exhibits sufficiently alleged facts that would entitle him to relief on his section 2255 motion.

Appellate Information

• Argued 07/08/2010
• Decided 08/13/2010
• Published 08/13/2010

Judges

Court

• United States Seventh Circuit

Counsel