The Sixth Amendment guaranteed Westley Kennedy the right to counsel with
undivided loyalties. The government knew that Kennedy's court-appointed lawyer was also
representing, in a related case, Tawan Carter, a cooperating defendant who incriminated
Kennedy. Both men were charged with identical methamphetamine-distribution conspiracies
(possibly the same conspiracy) and both pleaded guilty, but Carter got a 46-month sentence
while Kennedy got 20 years.

Did the denial Kennedy's right to conflict-free counsel, which the prosecution could
showing of prejudice?

Did the denial of Westley Kennedy's right to conflict-free counsel constitute a structural error or a breakdown of the adversarial process that requires vacatur of his guilty plea without any additional showing of prejudice?