on Motions, 22, 23). The defendant admits that at the time of his arraignment he was advised of the possibility of a conflict between himself and other codefendants represented by the same counsel. (N.T. Defendant's Motion to Vacate, 3, Defendant's Affidavit, para. 3).
The defendant contends, however, that he never was made aware of a possible conflict of interest at sentencing which could result from the joint representation of several codefendants, as distinguished from the possible conflicts at the trial of his case. Whether he was aware of the possible conflicts that could occur at his sentencing in spite of the Court's efforts to so advise him throughout the criminal proceedings, we need not decide for we have closely examined the record with respect to all the defendants who were sentenced on November 20, 1974 and represented by the same counsel and can find no prejudice to the defendant. The record shows that the defendant's counsel brought to the Court's attention, on behalf of the defendant, the background of the defendant, his lack of a prior criminal record, and that his involvement in the instant criminal activity was a result of his personal addiction to drugs. The defendant's allegation that his counsel did not even read the pre-sentence report ordered by the Court, a copy of which was supplied to his counsel,
is not borne out by the record of the sentencing. His counsel not only read the report but called the Court's attention to statements in the report which were inaccurate. (N.T. Sentencing, 2, 3). There is nothing in the record to substantiate the defendant's allegation that the plea agreements arrived at by his counsel were more favorable to his jointly represented codefendants than to him. In short, the record discloses no prejudice to the defendant.
Nevertheless, after consideration of the defendant's motion to vacate and/or reduce sentence, which was filed by the defendant's newly retained private counsel who had not represented any of the other codefendants in the case, the Court set the matter down for a hearing on February 6, 1975 and heard testimony from the defendant and his wife, read and made part of the record several letters from various members of the defendant's family and members of his community. The defendant was afforded a full opportunity to present all the evidence and witnesses he felt should have been presented at his original sentencing. After a full consideration of this additional testimony, together with the exhibits which were received in evidence, the Court has determined that its original sentence was a proper one.
This Memorandum and Order is in lieu of findings of fact and conclusions of law, pursuant to Rule 23(c) of the Federal Rules of Criminal Procedure.
Accordingly, the following Order is entered:
And now, this 4th day of April, 1975, upon a full consideration of the defendant's motion to vacate and/or reduce sentence, it is hereby ordered that said sentence shall not be vacated, modified or reduced.