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UNITED STATES v. ROGERS

Nos. 75-3010, 75-3098 Summary Calendar.

534 F.2d 1134 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Tom R. ROGERS, Defendant-Appellant. SECURITIES AND EXCHANGE COMMISSION, Plaintiff-Appellee, v. CAPITAL OIL CORPORATION, etc., et. al., Defendants, Tom R. Rogers, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 30, 1976.

Attorney(s) appearing for the Case

Emmett Colvin, Gary D. Jackson, Dallas, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., William O. Wuester, Asst. U. S. Atty., Robert L. Yeager, III, Cecil S. Mathis, David Reed, Sp. Atty., Securities & Exchange Comm., Fort Worth, Tex., Michael J. Stewart, Martin S. Berglas, Securities & Exchange Comm., Washington, D. C., for the United States and S.E.C.

Before GODBOLD, DYER and CLARK, Circuit Judges.

PER CURIAM:

In No. 75-3098, appellant Rogers seeks to have set aside a consent decree into which he entered enjoining him from various activities in the securities field. He claims that the decree was invalid because his counsel was ineffective, alleging that his attorneys (1) were representing codefendants with conflicting interests, and (2) did not advise him that criminal liability might result from defying the consent decree. Rogers relies primarily on Sixth Amendment...

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