Stankewitz

MEMORANDUM *

Because the facts of this case are set forth in our concurrently issued opinion, we do not repeat them here. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253(a). Upon careful consideration of the record and briefs filed by the parties, we affirm the conviction, reject several grounds for reversing the sentence and deny Stankewitz’s requests to broaden his certificate of appealability. As discussed in greater detail in our opinion, we will review Stankewitz’s claims under preAEDPA standards.

I.

Stankewitz has not shown that Goodwin labored under an “actual conflict of interest” stemming from a previous representation of Stankewitz’s brother, Johnnie Stankewitz. Cuyler v. Sullivan, 446 U.S. 335, 348 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980). To support this claim, Stankewitz has submitted an affidavit from Goodwin referring to a previous representation of Johnnie Stankewitz and an affidavit from Stankewitz’s sister asserting that Goodwin’s previous representation of Johnnie Stankewitz concerned a traffic incident unrelated to any fact at issue in this case.

Stankewitz has submitted no evidence tending to show that any previous representation of his younger brother…