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

QUESTIONS PRESENTED FOR REVIEW 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. i B. PARTIES INVOLVED The parties involved are identified in the style : of the case. oo C.