United States v. Wilbur Lee Auerbach
Court of Appeals for the Eighth Circuit
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
Wilbur Auerbach was convicted with his son, Thomas Auerbach, of dealing in firearms without being properly licensed in violation of 18 U.S.C. §§ 922(a)(1) and 924 (1982), and conspiracy to commit those offenses in violation of 18 U.S.C. § 371 (1982). They were represented by the same lawyer at the- trial. After an unsuccessful appeal on other grounds, the district court 1 sustained Wilbur’s motion to vacate and set aside his conviction under 28 U.S.C. § 2255 (1982) because of his lack of effective assistance of counsel stemming from the conflict of interest of…
2Cases cited25 opinions
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- Cuyler v. SullivanSupreme Court of the United States · 1980
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