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                        as a courtesy to the reader. They are not part of the opinion of the court.

172428P.pdf   01/31/2019  Patrick Joseph Kiley  v.  United States
   U.S. Court of Appeals Case No:  17-2428
   U.S. District Court for the District of Minnesota - Minneapolis   
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges] Prisoner case - Habeas. For Kiley's direct appeal, see U.S. v. Beckman, 787 F.3d 466 (8th Cir. 2015). Kiley failed to show any adverse effect from his trial attorney's conflict of interest; the trial strategy counsel adopted was one a reasonable attorney would have adopted absent a conflict; the evidence against Kiley was overwhelming and the alternative defense strategies he proposed were not objectively reasonable; nor has Kiley shown that the conflict diminished counsel's credibility in the jury's eyes; there was no evidence that the counsel knew the funds Kiley sent him as a retainer were stolen; the evidence was also insufficient to support a reasonable inference that counsel knew, or should have known, that the funds were illegitimate; the district court did not clearly err in finding certain emails were insufficient to raise an inference that counsel was entangled in Kiley's conspiracy.