Sanders

MEMORANDUM ***

Ernie Sanders (“Sanders”) appeals the denial by the District Court for the Southern District of California of his 28 U.S.C. § 2255 motion. He contends that he was denied effective assistance of counsel because his attorney, Sheldon Sherman (“Sherman”), provided legal counsel under a conflict of interest. Sanders asserts that one of Sherman’s tactics was to avoid having Sanders testify regarding his cocaine charges in order to protect the identity of the individuals who paid for his represen *373 tation, allegedly the cocaine suppliers involved. Sanders also contends that Sherman showed little interest in assisting in his defense and failed to prepare for the trial adequately. We reverse and remand.

Sanders has presented a strong prima facie case that the third party payment of his counsel created a substantial conflict of interest, and that the conflict had an adverse effect upon his counsel’s performance. “A drug conspiracy case involving large quantities of cocaine, fees paid by unknown third parties, and the potential for unindicted co-conspirators may be sufficient to demonstrate active representation of conflicting interests.” Quintero v. United States, 33…