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2d 374
That portion of the record which is extant, however, supports a conclusion that
the plea was made with full knowledge and understanding of its consequences.
Appellant's contention that the plea was entered without the necessary
appreciation of its nature and consequences is entirely conclusory, and general
legal conclusions not supported by factual allegations are insufficient to support
a 2255 petition. Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068, 10
L.Ed.2d 148 (1963). We fully concur in the district court's conclusion that "the
petition wholly fails to suggest facts upon which we could infer that his plea
was not understandingly or intelligently given."
4
We agree with appellant's statement of the law that he was entitled to the
"untrammeled and unimpaired" assistance of counsel for his defense. Glasser v.
United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680 (1942). But
representation of codefendants by the same attorney is not tantamount to the
denial of effective assistance of counsel guaranteed by the sixth amendment.
There must be some showing of a possible conflict of interest or prejudice,
however remote, before a reviewing court will find the dual representation
constitutionally defective. Curry v. Burke, 404 F.2d 65 (8 Cir. 1968); Glavin v.
United States, 396 F.2d 725 (9 Cir.), cert. denied 393 U.S. 926, 89 S.Ct. 258,
21 L. Ed.2d 262 (1968); United States v. Paz-Sierra, 367 F.2d 930 (2 Cir.
1966), cert denied 386 U.S. 935, 87 S.Ct. 962, 17 L.Ed.2d 807 (1967).