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U.S. v. WEAVER

No. 00-3064.

265 F.3d 1074 (2001)

UNITED STATES of America, Appellee, v. Gerald W. WEAVER II, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 5, 2001.

Attorney(s) appearing for the Case

Gerald W. Weaver II argued the cause pro se.

Christopher S. Rhee, Assistant United States Attorney, argued the cause for the appellee. Kenneth L. Wainstein, United States Attorney, and John R. Fisher and Thomas J. Tourish, Jr., Assistant United States Attorneys, were on brief.

Before: HENDERSON, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Gerald W. Weaver filed a petition pursuant to 28 U.S.C. § 2255 seeking to have his guilty plea set aside on the ground that his former lawyer, R. Kenneth Mundy, had had a conflict of interest. The district court concluded that, while Mundy's simultaneous representation of Weaver and of then U.S. Rep. Daniel D. Rostenkowski, against whom Weaver was a potential...

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