Manuel Contreras Quintero v. United States

This opinion is being published to alert trial judges, particularly in drug cases, to determine whether or not third parties are paying the fees of retained counsel when the defendant is indigent and, if so, whether the defendant understands the potential conflict of interest that may exist in such an arrangement and voluntarily waives that conflict.

Manuel Contreras Quintero was convicted of possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(A)(ii)(II), and conspiracy to possess a controlled substance with intent to distribute in violation of 21 U.S.C. § 846 . He was sentenced to prison for 20 years on each count to run concurrently.

Quintero filed a motion in the district court under 28 U.S.C. § 2255 to vacate his sentence alleging ineffective assistance of counsel. Apparently after his arrest Quintero was represented by counsel appointed by the court. Then two privately retained attorneys were substituted as co-counsel for Quintero.

Quintero claims that there was a conflict of interest because his attorney was paid by an unknown third party. The district court denied the motion without conducting an evi-dentiary hearing. We…