United States v. Basho Elliot, A.K.A. Bosch Elliot

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on April 18, 2006, is amended as follows:

Slip op. at 4369, after first full paragraph (after the third full paragraph on 444 F.3d at 1194), before the paragraph which begins “Under these circumstances ...add two new paragraphs:

With the opinion as amended, the panel has voted to deny the petition for rehearing. Judge McKeown and Judge Clifton voted to deny the petition for rehearing en banc and Judge Bright so recommends.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and petition for rehearing en banc, filed May 1, 2006, are DENIED. No further petition for rehearing and/or petition for rehearing en banc may be filed.

OPINION

Defendant Basho Elliot is charged with cocaine offenses. At jury trial, during cross-examination of a defense witness, an apparent conflict of interest arose involving Elliot’s lead counsel, who appeared to have previously represented one of the defendant’s key witnesses in connection with relevant matters. Elliot and his counsel refused to…