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UNITED STATES v. TOSH

No. 83-5469.

733 F.2d 422 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry TOSH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 3, 1984.

Attorney(s) appearing for the Case

Sheldon Yavitz, Miami, Fla., for defendant-appellant.

Ronald E. Meredith, U.S. Atty., Alexander T. Taft, Jr., First Asst. U.S. Atty., Louisville, Ky., for plaintiff-appellee.

Before MERRITT and KRUPANSKY, Circuit Judges, and WEICK, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

Defendant-Appellant, Jerry Tosh, appealed the order of the United States District Court for the Western District of Kentucky disqualifying his attorney, Sheldon Yavitz, pursuant to a motion to prohibit multiple representation initiated by the United States pursuant to Rule 44(c) Fed.R.Crim.Pro. As more fully discussed below, however, appellant's appeal from the district court order must be dismissed for the reason that a pretrial disqualification...

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