United States v. Roger Shaughnessy, 782 F.2d 118 (8th Cir. 1986). · Go Syfert
United States v. Roger Shaughnessy, 782 F.2d 118 (8th Cir. 1986). Cases Citing This Book View Copy Cite
18 citation events (2 in the last 25 years) across 7 distinct courts.
Strongest positive: Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United States (ca6, 2003-03-26) · Strongest negative: United States v. Ryan (iasd, 1998-10-23)
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "but see" United States v. Ryan (2×) also: Cited "see"
S.D. Iowa · 1998 · signal: but see · confidence high
Cf. Wood v. Georgia, 450 U.S. 261, 268 , 101 S.Ct. 1097 , 67 L.Ed.2d 220 (1981) (finding sufficient possibility of conflict of interest to remand for fact finding on issue of actual conflict of interest where employer hired attorney to defend employees); Quintero v. United States, 33 F.3d 1133, 1135 (9th Cir.1994) (remanding for hearing on Cuyler issue where a defendant in a drug ease was represented by an attorney paid for by an anonymous third party and the attorney suggested that the defendant not accept the plea offer from the government); but see United States v. Shaughnessy, 782 F.2d 118…
discussed Cited as authority (rule) Robert Moss (99-1951 01-1797) and Ronald Kohn (01-1610) v. United States
6th Cir. · 2003 · confidence medium
See also Quintero v. United States, 33 F.3d 1133, 1135 (9th Cir.1994); United States v. Rodriguez, 929 F.2d 747 (1st Cir.1991); Danner v. United States, 820 F.2d 1166, 1170 (11th Cir.1987); United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir.1986); United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985); United States v. Bernstein, 533 F.2d 775, 788 (2d Cir.1976).
discussed Cited as authority (rule) United States v. Adolfo Alvarez
10th Cir. · 1998 · confidence medium
See Cuyler, 446 U.S. at 348 , 100 S.Ct. at 1718 (noting possible conflicts inherent in “almost every instance of multiple representation,” but that ineffective assistance cannot be presumed from potential conflicts); Danner v. United States, 820 F.2d 1166, 1170 (11th Cir.1987) (holding unusual nature of fee transactions insufficient to establish actual conflict); United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir.1986) (holding that dangers arising from third-party" payment of defendant’s attorney .did not ripen into a conflict of interest); United States v. Medel, 592 F.2d 1305, 1…
discussed Cited as authority (rule) United States v. Alvarez
10th Cir. · 1998 · confidence medium
See Cuyler, 446 U.S. at 348 (noting possible conflicts inherent in “almost every instance of multiple representation,” but that ineffective assistance cannot be presumed from potential conflicts); Danner v. United States, 820 F.2d 1166, 1170 (11th Cir. 1987) (holding unusual nature of fee transactions insufficient to establish actual conflict); United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir. 1986) (holding that dangers arising from third-party payment of defendant’s attorney did not ripen into a conflict of interest); United States v. Medel, 592 F.2d 1305, 1310 (5th Cir. 1979) …
discussed Cited as authority (rule) Garfias v. United States
D. Mass. · 1995 · confidence medium
In these cases, courts have denied the writ only after giving the petitioner an evidentiary hearing, and subsequently finding that the petitioner could not allege any credible “adverse effect.” See United States v. Berry, 876 F.2d 55, 56 (8th Cir. 1989) (denying habeas writ where alleged “adverse” action taken by counsel was contradicted by the record); United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir. 1986) (per curiam) (denying habeas writ where petitioner failed to show an “adverse effect”); United States v. Scharrer, 614 F.Supp. 234, 242 (D.C.Fla.1985) (denying habeas w…
discussed Cited as authority (rule) Reckmeyer v. United States
E.D. Va. · 1989 · confidence medium
In arguing the contrary, the government relies on LoConte v. Dugger, 847 F.2d 745, 754 (11th Cir.1988); United States v. Horton, 845 F.2d 1414, 1420-21 (7th Cir.1988); and United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir.1986).
discussed Cited "see" Kenneth A. Possick v. United States
8th Cir. · 1992 · signal: see · confidence high
See United States v. Shaughnessy, 782 F.2d 118, 120 (8th Cir. 1986) (per curiam) (although inherent dangers arise when criminal defendant is represented by lawyer hired and paid by third party, defendant must prove those dangers ripened into a conflict of interest). 4 We reject Possick's claim that, as a result of counsel's ineffectiveness, he was denied his right to testify.
Retrieving the full opinion text from the archive…
UNITED STATES, Appellant,
v.
Roger SHAUGHNESSY, Appellee,
85-5026.
Court of Appeals for the Eighth Circuit.
Jan 22, 1986.
782 F.2d 118
Daniel Scott, Federal Public Defender, Minneapolis, Minn., for appellant., John M. Lee, Asst. U.S. Atty., Minneapolis, Minn., for appellee.
Lay, Fagg, McManus.
Cited by 10 opinions  |  Published
PER CURIAM.

Roger Shaughnessy appeals the denial by the district court [1] of his petition for post-conviction relief pursuant to 28 U.S.C. § 2255 (1982). The sole issue on appeal is whether Shaughnessy was denied effective assistance of counsel during the criminal proceedings against him. We affirm.

Shaughnessy and five others were charged with conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 (1982), and with distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) (1982). All six defendants pleaded guilty to the distribution charge, and Shaughnessy was sentenced to a term of imprisonment of four years. Shaughnessy was represented by attorney Barry Voss of Minneapolis, Minnesota. Voss had been retained on Shaughnessy’s behalf by two of Shaughnessy’s co-defendants, Valek and Showers, who were the leaders of the conspiracy. Although Valek and Showers were represented by separate counsel, Shaughnessy alleged that Voss’s representation of him was tainted by a conflict of interest created by Voss’s financial ties to Valek and Showers. As proof that an actual conflict of interest existed, Shaughnessy alleged that Voss made no attempt to explore the possibility of Shaughnessy’s cooperation with the government’s investigation, even though the government was willing to negotiate about such cooperation. [2] He further alleged that when Valek and Showers rejected a plea agreement carrying a maximum sentence of ten years, Voss advised him to do the same. Shaughnessy thereafter entered a plea of guilty to an offense carrying a fifteen-year maximum sentence. Shaughnessy alleged that his plea inured to the benefit of Valek and Showers because it was in their interest that a large sentence at less than the maximum not be offered to any of the lesser defendants.

After a hearing before the magistrate, the district court rejected Shaughnessy’s claim of ineffective assistance of counsel. The court determined that Shaughnessy had failed to prove an actual conflict of interest, and that even if an actual conflict were presumed, Shaughnessy had failed to prove prejudice.

In order to prevail, a defendant who alleges violation of his constitutional right to effective assistance of counsel must show that counsel’s performance was defi[*120] dent and that prejudice resulted. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 2067, 80 L.Ed.2d 674 (1984). When an attorney has a conflict of interest, a limited presumption of prejudice exists. Id. Prejudice is presumed if “the defendant demonstrates that counsel ‘actively represented conflicting interests’ and ‘that an actual conflict of interest adversely affected his lawyer’s performance.’ ” Id., citing Cuyler v. Sullivan, 446 U.S. 335, 350, 100 S.Ct. 1708, 1719, 64 L.Ed.2d 333 (1980); see Edgemon v. Lockhart, 768 F.2d 252, 255 (8th Cir.1985).

We agree with the district court that Shaughnessy failed to prove an actual conflict of interest. Shaughnessy is correct in asserting that “inherent dangers ... arise when a criminal defendant is represented by a lawyer hired and paid by a third party, particularly when the third party is the operator of the alleged criminal enterprise.” Wood v. Georgia, 450 U.S. 261, 268-69, 101 S.Ct. 1097, 1101-02, 67 L.Ed.2d 220 (1981) (footnote omitted).

Shaughnessy failed to prove, however, that those dangers ripened into a conflict of interest. As the government points out, Voss vigorously represented Shaughnessy’s interests. He filed motions on Shaughnessy’s behalf for severance, to compel disclosure of Brady material, for suppression of physical evidence and verbal statements, and for discovery and inspection. He was successful in his motion to suppress.

Furthermore, Shaughnessy failed to show that Voss acted for the benefit of Valek and Showers in advising Shaughnessy to reject the government’s offer of a reduced sentence. The bargain Shaughnessy rejected called for a maximum sentence of ten years. Shaughnessy in fact was sentenced to four years, and co-defendants Valek and Showers were sentenced to nine years. Evidence that Voss advised Shaughnessy to present a united front with his more culpable co-defendants is not, without more, proof of an actual conflict of interest. Parker v. Parratt, 662 F.2d 479, 485 (8th Cir.1981), cert. denied, 459 U.S. 846, 103 S.Ct. 102, 74 L.Ed.2d 91 (1982); United States v. Carter, 721 F.2d 1514, 1537 (11th Cir.), cert. denied, — U.S. -, 105 S.Ct. 89, 83 L.Ed.2d 36 (1984); see Glasser v. United States, 315 U.S. 60, 92, 62 S.Ct. 457, 475, 86 L.Ed. 680 (1942) (Frankfurter, J. dissenting).

Finally, Shaughnessy failed to show that his counsel could have negotiated a plea bargain more favorable than the one rejected by Valek, Showers, and Shaughnessy. The district court found that the government had a strong case and therefore had no interest in Shaughnessy’s willingness to incriminate his co-defendants. Moreover, the court found that, although the government did want information as to the source of the cocaine, Shaughnessy had no such knowledge. “There is no violation where the conflict is ‘irrelevant or merely hypothetical’; there must be an ‘actual, significant conflict.’ ” United States v. Carter, 721 F.2d at 1536, quoting United States v. Mers, 701 F.2d 1321, 1326 (11th Cir.), cert. denied, 464 U.S. 991, 104 S.Ct. 482, 78 L.Ed.2d 679 (1983). We therefore affirm the conviction.

1

. The Honorable Robert G. Renner, United States District Judge for the District of Minnesota.

2

. In fact, a co-defendant, Jeffrey Novak, agreed to cooperate in return for a reduced sentence.