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U.S. v. MAGINI

No. 90-6146.

973 F.2d 261 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Letitia MAGINI, a/k/a Tish Anderson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 14, 1992.

As Amended September 3, 1992.

Attorney(s) appearing for the Case

Marjorie M. McAteer, Student Counsel, Appellate Litigation Clinical Program, Georgetown University Law Center, Washington, D.C., argued (Steven H. Goldblatt, Director, Beth E. Cook, Supervising Atty., David M. Hernand, Student Counsel, on brief), for defendant-appellant.

Robert Jack Higdon, Jr., Asst. U.S. Atty., Charlotte, N.C., argued (Thomas J. Ashcraft, U.S. Atty., of counsel), for plaintiff-appellee.

Before HALL and SPROUSE, Circuit Judges, and KIDD, Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

OPINION

SPROUSE, Circuit Judge:

Letitia Magini, in a habeas corpus claim filed under 28 U.S.C. § 2255, contends that her Sixth Amendment right to counsel was violated because the representation of her attorney, Keith Stroud, was tainted by a conflict of interest. The district court granted the government's summary judgment motion, and Magini appeals. We reverse and remand for an evidentiary hearing on the conflict of interest claim.

I

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