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UNITED STATES v. DIOZZI

Nos. 85-2017, 85-2018.

807 F.2d 10 (1986)

UNITED STATES of America, Appellee, v. Richard A. DIOZZI, Defendant, Appellant. UNITED STATES of America, Appellee, v. Diane M. DIOZZI, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 16, 1986.

Attorney(s) appearing for the Case

Carolyn M. Conway, Boston, Mass., for Richard A. Diozzi and Elliot D. Lobel for Diane M. Diozzi, with whom DiMento & Sullivan and Peckham, Lobel, Casey & Tye, Boston, Mass., were on joint brief, for defendants, appellants.

Dennis J. Kelly, Asst. U.S. Atty., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for appellee.

Before CAMPBELL, Chief Judge, WISDOM, Senior Circuit Judge, and COFFIN, Circuit Judge.

COFFIN, Circuit Judge.

Diane and Richard Diozzi were convicted of multiple counts of income tax evasion. They argue on appeal that the pretrial disqualification of their defense attorneys violated their sixth amendment right to counsel of choice. The Diozzis originally brought this argument to our attention in their pretrial petition for a writ of mandamus directing the district court to revoke its disqualification order. Though we found that interlocutory intervention...

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