United States v. Vazquez

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
September 10, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50183
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS CARLOS VAZQUEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
(EP-02-CR-1303-11)
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Before JOLLY, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Luis Carlos Vazquez (Vazquez) appeals his
conviction for possession with intent to distribute 1,000 kilograms
or more of marijuana in violation of 21 U.S.C. § 841(a)(1). He
argues that he did not knowingly, intelligently, and voluntarily
waive his Sixth Amendment right to conflict-free counsel. He
contends that the district court erred in failing to conduct an
adequate hearing under FED. R. CRIM. P. 44(c) to determine whether

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any conflict of interest might exist or arise because of his
counsel’s joint representation of Vasquez and his co-defendant
brother. He argues further that the district court erred in
failing to conduct a second hearing pursuant to FED. R. CRIM. P.
44(c) when a conflict became apparent during the sentencing
hearing.
Vazquez has failed to demonstrate an actual conflict of
interest in his counsel’s joint representation. See United States
v. Rico, 51 F.3d 495, 509 (5th Cir. 1995). Therefore, the district
court did not err in allowing the same counsel to represent both
Vazquez and his brother; neither did it err in not conducting a
second hearing pursuant to FED. R. CRIM. P. 44(c). See United States
v. Newell, 315 F.3d 510, 520 (5th Cir. 2002); United States v.
Lyons, 703 F.2d 815, 820 (5th Cir. 1983).
AFFIRMED.

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