Robert Koger v. United States

Whether a criminal defendant establishes an “actual” unwaiveable conflict of interest that adversely affects counsel’s representation when defense counsel is the subject of a criminal investigation for crimes associated with the defendant’s charged conduct and whether this conflict of interest is a per se violation of the Sixth Amendment.

Whether a criminal defendant establishes an “actual” unwaiveable conflict of interest that adversely affects counsel’s representation when defense counsel is identified by the government as a witness against the defendant relating to defendant’s charged conduct and whether the district court’s failure to hold a hearing is grounds for a reversal.

Whether the failure of the district court, defense counsel and the government to disclose a conflict of interest to the defendant requires a reversal of the convictions.