U.S. v. INFANTE

No. 02-50665.

404 F.3d 376 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo M. INFANTE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 21, 2005.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty. Margaret M. Embry (argued), San Antonio, TX, for U.S.

Daniel Saul Goldberg (argued), Vinson & Elkins, Houston, TX, for Infante.

Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.


KING, Chief Judge:

Defendant-Appellant Ricardo Macias Infante appeals his conviction and sentence for conspiracy to distribute and to possess with intent to distribute marijuana, conspiracy to import marijuana, and possession with intent to distribute marijuana. For the following reasons, we VACATE and REMAND to the district court for a determination on the question whether Infante's trial counsel's conflict of interest adversely affected his representation.

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