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UNITED STATES v. FLANAGAN

No. 81-3116.

679 F.2d 1072 (1982)

UNITED STATES of America v. Robert FLANAGAN, James Keweshan, Sidney Landis and Thomas McNamee, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 2, 1982.

Attorney(s) appearing for the Case

Richard A. Sprague, Edward H. Rubenstone, Bruce L. Thall (argued), Sprague & Rubenstone, Philadelphia, Pa., for appellants.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Luther E. Weaver, III, Peter F. Schenck (argued), Asst. U. S. Attys., Philadelphia, Pa., for appellee.

Alan Ellis, Philadelphia, Pa., Eugene G. Iredale, John J. Cleary, Federal Defenders of San Diego, Inc., San Diego, Cal., for amici curiae National Association of Criminal Defense Lawyers and National Legal Aid and Defender Assn.

Before GIBBONS and HUNTER, Circuit Judges and THOMPSON, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

This appeal presents questions concerning the power of a district court to disqualify joint counsel for criminal defendants under a recently enacted section of Rule 44, Federal Rules of Criminal Procedure. After finding that a conflict of interest was very likely to arise, that each defendant was aware of the potential conflicts, and that each defendant had voluntarily and intelligently chosen to waive any claim...

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