U.S. v. Turner

In prosecution on drug conspiracy charge, Dist. Ct. did not commit plain error in disqualifying defendant's retained counsel where govt. claimed that defendant's counsel posed potential conflict of interest where counsel could be called as witness on behalf of govt. in support of govt. theory that instant drug sales accounted for source of defendant's $25,000 cash retainer. Potential of defense counsel testifying at trial qualified as actual conflict of interest that permitted Dist. Ct. to disqualify counsel regardless of any offer by defendant to waive conflict. Fact that counsel did not actually testify at trial was immaterial, and Ct. rejected defendant's claim that disqualification was erroneous since govt. could have established source of retainer fee from another witness.