MOORE v. U.S.

No. 91-7083.

950 F.2d 656 (1991)

Dennis Wayne MOORE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 2, 1991.


Attorney(s) appearing for the Case

Submitted on the Briefs:*

Dennis Wayne Moore, pro se.

John Raley, U.S. Atty., and Sheldon J. Sperling, Asst. U.S. Atty., Muskogee, Okl., for plaintiff-appellee.

Before LOGAN, MOORE and BALDOCK, Circuit Judges.


BALDOCK, Circuit Judge.

Petitioner-appellant appeals from the denial of his 28 U.S.C. § 2255 petition, in which he claims that his perjury conviction is constitutionally invalid due to ineffective assistance of counsel caused by an actual and simultaneous conflict of interest. We reverse and remand for an evidentiary hearing.

In connection with a large amphetamine manufacturing operation, petitioner was charged with a drug conspiracy and a conspiracy...

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