Perez-Aguilar

ORDER VACATING SUBMISSION

We vacate submission of Perez-Aguilar’s claims under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000).

MEMORANDUM *

Jose Trinidad Perez-Aguilar appeals his conviction and sentence for one count of *521 conspiracy to distribute methamphetamine. See 21 U.S.C. §§ 841 , 846.

Perez claims that his right to conflict-free representation was violated, even though he did not mention the matter until the trial was over. See United States v. Mett, 65 F.3d 1531, 1534-35 (9th Cir. 1995). We disagree. He first points out that the district court did not engage in the inquiry required by Fed.R.Crim.P. 44(c). That is true, but the rule is essentially hortatory or prophylactic because a failure to follow it will not result in reversal, unless a defendant can show that his Sixth Amendment rights were violated. See United States v. Crespo de Llano, 838 F.2d 1006, 1013 (9th Cir.1987). Moreover, the Sixth Amendment itself does not require reversal simply because there is a potential conflict of interest. Absent a particular conflict, an inquiry need not even be initiated. See Cuyler v. Sullivan, 446 U.S. 335, 347 , 100 S.Ct. 1708, 1717 , 64…