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FAMILIA-CONSORO v. U.S.

No. 97-1467.

160 F.3d 761 (1998)

Juan FAMILIA-CONSORO, Petitioner, Appellant, v. UNITED STATES, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

Jane Elizabeth Lee for appellant.

Kenneth P. Madden, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, was on brief for appellee.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, LYNCH, Circuit Judge.

BOWNES, Senior Circuit Judge.

After his convictions for possession of cocaine and conspiracy to distribute cocaine were affirmed on direct appeal, Juan Familia-Consoro ("Familia") moved to vacate his sentence pursuant to 28 U.S.C. § 2255 (1994), contending that a conflict of interest infected his trial counsel's performance. The alleged conflict arose because Familia's brother, Bonifacio, who had agreed to pay Familia's attorney's fee, still owed the lawyer approximately...

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