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UNITED STATES v. SALINAS

No. 79-3376.

618 F.2d 1092 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Rodriguez SALINAS and Jose Luis Maldonado, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 8, 1980.

Attorney(s) appearing for the Case

Samuel H. Bayless (Court-appointed), San Antonio, Tex., for Salinas.

Terrence W. McDonald, (Court-appointed), San Antonio, Tex., for Maldonado.

Le Roy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., Vincent F. O'Rourke, Jr., Asst. Atty. Gen., Drew S. Days, III, Asst. Atty. Gen., Jessica Dunsay Silver, Deputy Chief Asst. Atty. Gen., Appellate Section, Civil Rights Div., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before SIMPSON, HILL and HATCHETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 8, 1980.

PER CURIAM:

This case raises the issue of whether a trial judge may disqualify a retained attorney, in a criminal case, where the judge believes that the attorney is the "target" of an investigation concerning the event or events for which his clients were indicted. We affirm the trial judge's order of disqualification.

The right of defendants in criminal cases to retain an attorney of their choice...

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