U.S. v. SHWAYDER

Nos. 01-10156, 01-10176 and 01-10186.

312 F.3d 1109 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Keith SHWAYDER, Michael G. Swan, and Kevin Orton, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2002.


Attorney(s) appearing for the Case

John D. Cline, Freedman, Boyd, Daniels, Hollander, Goldberg & Cline P.A., Albuquerque, NM; Alan Ellis and Karen Landau, Law Offices of Alan Ellis, Sausalito, CA; Douglass A. Mitchell, Dickerson, Dickerson, Consul & Pocker, Las Vegas, NV, for the defendants-appellants.

J. Gregory Damm and Bruce M. Bettigole, Office of the United States Attorney, Las Vegas, NV, and Kirby A. Heller, Appellate Section, Criminal Division, United States Department of Justice, Washington, DC, for the plaintiff-appellee.

Before HUG and BERZON, Circuit Judges, and LASNIK, District Judge.


OPINION

BERZON, Circuit Judge:

Keith Shwayder appeals his convictions for racketeering, RICO conspiracy, conspiracy, securities fraud, wire fraud, and money laundering. He argues that he was deprived of his Sixth Amendment right to effective assistance of counsel because his trial counsel had an actual conflict of interest. Although there was such a conflict, Shwayder has not shown that the conflict adversely affected his counsel's representation.

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