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UNITED STATES v. OLIVARES

No. 85-2292.

786 F.2d 659 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo OLIVARES and Hector Olivares, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing and Rehearing June 6, 1986.

Attorney(s) appearing for the Case

Marjorie A. Meyers, Asst., Roland E. Dahlin, II, Federal Public Defender, Juan E. Gavito, Asst., Houston, Tex., for Gustavo Olivares.

E. Daniel Ramirez, Jr. (court appointed), Israel Ramon, Jr., (court appointed), Edinburg, Tex., for Hector Olivares.

Mervyn Hamburg, Washington, D.C., Henry K. Oncken, U.S. Atty., Robert L. Guerra, Asst., James R. Gough, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before BROWN, REAVLEY, and HILL, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc June 6, 1986.

JOHN R. BROWN, Circuit Judge:

In this appeal,1 Gustavo Olivares and his brother, Hector Olivares, challenge the convictions primarily on two grounds. First, they claim that their attorney was operating under a conflict of interest which adversely affected his performance and that they were thereby deprived of effective assistance of counsel in violation of the Sixth...

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