United States v. Cortland Bay Fulton, Also Known as Tairu Owolabi Alabi, Cortland Bay Fulton v. Warden, Ray Brook Correctional Facility

WALKER, Circuit Judge:

In the middle of Cortland Bay Fulton’s trial for conspiracy to possess and import heroin, the government informed the court in an ex parte conference that the government witness on the stand previously stated that he had once imported heroin for Fulton’s trial counsel. In this appeal, we must decide whether this allegation created a conflict of interest for Fulton’s attorney giving rise to a per se violation of Fulton’s Sixth Amendment right to effective assistance of counsel, in accordance with Solina v. United States, 709 F.2d 160 (2d Cir.1983) (Friendly, J.).

On…