1. 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.

2. 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.

3. 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.

Whether a criminal defendant establishes an actual unwaiveable conflict of interest that adversely affects counsel's representation