United States v. Robert W. Guthrie

92 F.3d 1194 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert W. GUTHRIE, Defendant-Appellant. No. 96-35020. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1996. * Decided Aug. 2, 1996. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Robert Guthrie appeals the district court's denial of his 28 U.S.C. § 2255 motion. Guthrie was convicted of violating the Sherman Act, 15 U.S.C. § 1 , by rigging bids at two foreclosure sales. We affirm. 3 We reject Guthrie's contention that he was denied effective assistance of counsel because his counsel had an impermissible conflict of interest. A conflict of interest does not exist simply because Guthrie's attorney may have broken a promise to him. Rather, Guthrie was required to demonstrate that "his counsel actively represented conflicting interests." See Garcia v. Bunnell, 33 F.3d 1193, 1198 (9th Cir.1994) ( quoting Cuyler v.…