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U.S. v. LOTT

No. 87-2523.

854 F.2d 244 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Charles T. LOTT, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 11, 1988.

Attorney(s) appearing for the Case

Anthony E. Novak, Urbana, Ill., for defendant-appellant.

Thomas E. Karmgard, Asst. U.S. Atty. (J. William Roberts, U.S. Atty.) U.S. Atty. Office, Danville, Ill., for plaintiff-appellee.

Before BAUER, Chief Judge, and POSNER, Circuit Judge, and PELL, Senior Circuit Judge.

BAUER, Chief Judge.

Charles Lott appeals from his convictions for distribution and possession with intent to distribute phencyclidine (PCP) in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. He contends that the district court erred in allowing the government to use his preliminary hearing testimony to impeach him at trial because his retained counsel at the preliminary hearing was acting under a conflict of interest in violation of his Sixth Amendment...

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