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Defendant-appellant Thomas Saia appeals from a judgment entered in the United States District Court for the Western District of New York (Arcara, J.) convicting him, following a jury trial, on two counts of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371, and three counts of wire fraud, in violation of 18 U.S.C. § 1343, and sentencing him to a 110-month term of imprisonment, a 3-year term of supervised release, restitution in the amount of $270,000, and a $250 special assessment.

Following Saia's conviction, trial counsel withdrew and Saia obtained substitute counsel. Saia's substitute counsel moved for a new trial pursuant to Fed.R.Crim.P. 33, arguing, inter alia, that Saia received ineffective assistance of trial counsel because of an actual conflict of interest arising from a fee dispute that resulted in trial counsel filing a civil action against Saia days before trial. On a motion for a new trial, the district court determined that there was no actual conflict of interest and that Saia received effective representation during his trial.

For the reasons that follow, we affirm the judgment of the district court.


118 F.3d 65 (1997)

UNITED STATES of America, Appellee,


Dennis O'NEIL; Ronald Bauer; Richard Procknal; Richard O'Neil; Deborah Sills; Kenneth Hughes; Maria Bennett; Gregory Hinaman; Thomas R. Smith; John Andrews; Martin Victor; Leo Gastle; Grand National Products; Grand American Marketing, Inc.; Universal Promotions; Northtown Universal Products, Inc., Defendants, Thomas Saia, Defendant-Appellant.

No. 1531, Docket 96-1623.

United States Court of Appeals, Second Circuit.

Argued May 1, 1997.

Decided June 18, 1997.

New York Law School location: File #2521, Box #137