United States v. Tirado, No. 17-1127 (1st Cir. 2018)
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The First Circuit affirmed Defendant’s convictions of drug offenses and failure to appear for arraignment, holding that, contrary to Defendant’s argument on appeal, Defendant’s counsel did not suffer from a conflict of interest arising from violation of attorney-client privilege and a local rule of professional conduct.
The Court held that, under the rules set forth in Cuyler v. Sullivan, 446 U.S. 335, 348 (1980), and United States v. Soldevila-Lopez, 17 F.3d 480, 486 (1st Cir. 1994), Defendant failed to show an actual conflict of interest that adversely affected his lawyer’s performance. Further, “any tension in the lawyer’s mind between client loyalty and professional self-preservation” would have been addressed by a stipulation joined by Defendant, and the following colloquy demonstrated that Defendant understood his rights and the consequences of proceeding as he chose to do.
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