Garcia

MEMORANDUM **

Jose Garcia and Edward Michael Powers, both former prison guards at Pelican Bay State Prison, appeal their May 2002 convictions for conspiracy to violate prisoners’ constitutional rights in violation of 18 U.S.C. § 241 .

We hold there was no abuse of discretion in the pretrial disqualification of Powers’s counsel. The attorney in question had represented numerous current or former Pelican Bay prison guards who testified before the federal grand jury, some of whom the government contemplated calling as witnesses. The situation presented a serious potential for conflict of interest. We further hold that the district court’s ex parte hearing and acceptance of a sealed proffer did not deny Powers due process because he had notice of the hearing and proffer and was given the opportunity to present evidence and argument in opposition to disqualification.

The October 2 interview was properly admitted because Garcia voluntarily requested to meet with Agent Ortiz alone, the interview took place at a motel, three days after the administrative interrogations, Garcia was specifically advised of his Miranda rights and waived them, and therefore he became an independent and…