United States v. David O'Malley

BAUER, Circuit Judge.

Defendant David O’Malley was convicted by a jury of two counts of extortion and sentenced to ten years imprisonment to be followed by five years probation. Defendant appeals his conviction, claiming that the trial judge’s disqualification of his original attorney violated his sixth amendment right to the assistance of counsel. We affirm the trial court’s ruling.

I

A federal grand jury indicted O’Malley on two counts of extortion on April 17, 1984. On May 21, 1984, the government moved to disqualify O’Malley's retained counsel, Leland Shalgos. Shalgos had previously…