United States v. Ibarra-Davalos ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50110
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ENRIQUE IBARRA-DAVALOS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. DR-99-CR-362-1
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January 23, 2001
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Enrique Ibarra-Davalos appeals his guilty-plea conviction for
conspiracy to transport illegal aliens within the United States.
He argues that his counsel had a conflict of interest because he
represented both Ibarra-Davalos and his wife, Leticia Parra de
Ibarra. He argues that his counsel’s joint representation of
himself and his wife adversely affected his counsel’s
representation in that he received a greater sentence based on his
wife’s statements to the Government.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 00-50110
-2-
At a hearing, the magistrate judge advised Ibarra-Davalos of
the conflict of interest, of the potential consequences of
continued representation under such a conflict, and that he had a
right to counsel unfettered by the conflict of interest. See
United States v. Plewniak, 947 F.2d 1284, 1287 (5th Cir. 1991).
After Ibarra-Davalos was advised of these rights, he stated
affirmatively on the record that he still wished to continue to be
represented by the same attorney despite the possible conflict of
interest. Therefore, the record demonstrates that Ibarra-Davalos
waived any possible conflict of interest and that the waiver was
knowing and voluntary. See id.AFFIRMED.