UNITED STATES v. GARCIA

Nos. 74-3527, 74-3718.

517 F.2d 272 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Y. GARCIA, Douglas W. Albert, Bennard D. Jackson, Gilbert Gonzalez, Jesse C. Smith, John J. Davis, and Delbert D. Collins, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Antonio V. ZAVALA and Carlos Avila, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 7, 1975.


Attorney(s) appearing for the Case

James A. Moore, Robert C. Hunt, Houston, Tex., for defendants-appellants in No. 74-3527.

Ronald J. Waska, James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee in No. 74-3527.

Jerry D. Patchen, Gerald M. Birnberg, Houston, Tex., for defendants-appellants in No. 74-3718.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Ronald J. Waska, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee in No. 74-3718.

Before GEWIN, DYER and ADAMS, Circuit Judges.


GEWIN, Circuit Judge:

In these consolidated cases we review a district court's disqualification of three criminal defense attorneys because of apparent conflicts of interest. The central question concerns a criminal defendant's right to retain counsel of his own choice even though the trial court considers such counsel to be disqualified because of a conflict of interest. The distinctive aspect of this case is that the defendants do not seek to waive the right to...

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