UNITED STATES v. GAINES

No. 75-1466.

529 F.2d 1038 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Rufus GAINES, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1976.


Attorney(s) appearing for the Case

James B. Haddad, Chicago, Ill., for defendant-appellant.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., Richard L. Kieser, Asst. U. S. Atty., South Bend, Ind., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, TONE, Circuit Judge, and HOFFMAN, Senior District Judge.


TONE, Circuit Judge.

This collateral review under 28 U.S.C. § 2255 presents the claim that petitioner was deprived of his sixth amendment right to the effective representation of counsel because of the divided loyalties of his retained trial counsel. The District Court denied relief. We reverse.

Rufus Gaines and two codefendants were convicted of robbing an armored truck carrying money insured by the Federal...

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