F. Supp. 279 (D.P.R. 1988).  Pellerito was sentenced to 18 years in prison.


4
Pertinently, in its decision the district court found that Fisher and another lawyer who worked with him on the case had not been shown to be inadequate:  they had devoted time to preparing the case, had filed motions, and had conferred with Pellerito on a number of occasions.  As for Moore, he had entered the case only shortly before trial at Pellerito's own request after Pellerito sought to replace Fisher, but Moore was an experienced criminal trial attorney, had a former United States Attorney as local counsel and had some prior familiarity with the case.  Moore had also assured the trial court that he was ready for trial.  On appeal thisretained only one day before trial, rather than four days (as he stated in 1988), but the testimony taken in 1988 shows that he conferred with Pellerito and began work four days before trial even though he was formally retained only on the day before trial.  701 F. Supp. at 289.  Moore's local counsel, the former United States Attorney, has also filed an affidavit saying that he himself was not prepared to try the case in 1988, but of course he was never expected to do so.


12
In all events, it is independently fatal to Pellerito's claim of constitutional error-whether directed against Fisher's representation or Moore's-that no one has demonstrated that a substantial defense was overlooked in 1988.  We are now told in fairly general terms