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U.S. v. STITES

No. 94-50123.

56 F.3d 1020 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Lynn Boyd STITES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 26, 1995.

As Amended June 27, and August 2, 1995.

Attorney(s) appearing for the Case

Bernard G. Skomal, San Diego, CA, for defendant-appellant.

Alan D. Bersin, Bruce R. Castetter, William Q. Hayes, Asst. U.S. Attys., San Diego, CA, for plaintiff-appellee.

Before NOONAN, O'SCANNLAIN and LEAVY, Circuit Judges.

NOONAN, Circuit Judge:

Lynn Boyd Stites appeals his conviction of violation of 18 U.S.C. § 1962(c) (RICO) and of twelve violations of 18 U.S.C. § 1341 (mail fraud). His principal issues on appeal are challenges to the disqualification of two lawyers he wanted to represent him. Holding that the district court properly disqualified the lawyers, we affirm his conviction. On one aspect of his sentencing, we remand for resentencing.

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