Ineffective assistance of counsel must be of such a character as to shock the conscience and render the proceedings a farce and a mockery of justice.
A defendant convicted of impersonating a federal officer petitions to vacate his sentence, arguing that his assigned counsel provided ineffective assistance by consulting with him for only fifteen minutes and failing to research the statute. The court examines whether this limited preparation violated the constitutional guarantee of effective representation. It holds that the right to counsel requires conscientious services, but the effectiveness of assistance is judged by the character of the resultant proceedings rather than the time spent on preparation. Because counsel correctly interpreted the law and the defendant was not deceived, the proceedings were not a farce or mockery of justice. The court affirms the denial of the petition.
At page 379 Time spent in legal research not determining counsel effectiveness114 citing cases“a lack of effective assistance of counsel must be of such a kind as to shock the conscience of the court and make the proceedings a farce and mockery of justice.”
- United States v. Dominick Tribote, 297 F.2d 598 (2d Cir. 1961).published But see cases cited in Wight, 176 F.2d at p. 379, n. 4 . 2 .
- Gunn v. Kuhlman, 479 F. Supp. 338 (S.D.N.Y. 1979).published([The] time consumed in oral discussion and legal research is not the crucial test of the effectiveness of the assistance of counsel.)
- Joseph Bellavia v. Walter Fogg, 613 F.2d 369 (2d Cir. 1979).published No. 79-2021, Nov. 26, 1979, Slip Op. 5446), I concur in the holding that Bellavia was not denied effective assistance of counsel not merely because his attorney’s assistance meets the “shock the conscience — farce and mockery of justice” s…
- Nathan Solomon v. David Harris, 749 F.2d 1 (2d Cir. 1984).publishedWe affirmed, Solomon v. Harris, 742 F.2d 1438 (2d Cir.1983), applying the “farce and mockery” standard of United States v. Wight, 176 F.2d 376, 379 (2d Cir.1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950).
- United States v. Friel, 588 F. Supp. 1173 (E.D. Pa. 1984).publishedIn United States v. Wight, 176 F.2d 376, 379 (2d Cir.1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950), that court stated that “[a] lack of effective assistance of counsel must be of such a kind as to shock the conscie…
- Johnson v. Warden, Auburn Corr. Facility, 581 F. Supp. 1117 (E.D.N.Y. 1984).publishedIn Trapnell v. United States, 725 F.2d 149 (2d Cir.1983), the court discarded its former “farce and mockery” standard, first adopted in United States v. Wight, 176 F.2d 376, 379 (2d Cir.1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94…
- Morrison v. Kimmelman, 579 F. Supp. 796 (D.N.J. 1984).publishedEven were we to adjudge this case under the most limited sixth amendment standard of review currently in use — the "farce and mockery” standard, see United States v. Wight, 176 F.2d 376, 379 (2d Cir.1949), cert. denied, 338 U.S. 950 , 70 S…
- United States ex rel. Hogan v. Bara, 578 F. Supp. 1075 (E.D.N.Y. 1984).published It is the rule in this circuit that a claim of a lack of effective assistance of counsel will be upheld only where the representation afforded was “of a kind as to shock the conscience of the court and make the proceedings a farce and mock…
- Garrett Brock Trapnell v. United States, 725 F.2d 149 (2d Cir. 1983).publishedIn the Second Circuit, that standard has been governed for over thirty years by the rule laid down in United States v. Wight, 176 F.2d 376, 379 (2d Cir.1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950): “A lack of effe…
- United States v. Anthony Anibal Torres, 719 F.2d 549 (2d Cir. 1983).published(A lack of effective assistance of counsel must be of such a kind as to shock the conscience of the court and make the proceedings a farce and mockery of justice.)
Show 103 more citing cases
- Peters v. Quick, 567 F. Supp. 331 (S.D.N.Y. 1983).publishedA high standard must be met to establish lack of effective representation by counsel. “ ‘Unless the purported representation by counsel was such as to make the trial a farce and mockery of justice, mere allegations of incompetency or ineff…
- United States v. Angelito Maniego, 710 F.2d 24 (2d Cir. 1983).publishedThe remaining examples of counsel’s inadequacy do not frame a constitutional *27 complaint under either this circuit’s “farce and mockery of justice” standard, United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert.l denied, 338 U.…
- Fernandez v. United States, 553 F. Supp. 260 (S.D.N.Y. 1982).publishedAn examination of the record, however, demonstrates that there was not such “[a] lack of effective assistance of counsel ... as to shock the conscience of the Court and make the proceedings a farce and mockery of justice.” United States v.…
- Romero v. United States, 459 U.S. 926 (1982).publishedMore than thirty years ago, the Second Circuit formulated what has become known as the "farce and mockery" test: "A lack of effective assistance of counsel must be of such a kind as to shock the conscience of the Court and make the proceed…
- Peterson v. Kennedy, 532 F. Supp. 113 (N.D.N.Y. 1982).publishedThe standard applied in the Second Circuit for determining the effectiveness of counsel is that set forth in United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950).
- Colville v. Scully, 532 F. Supp. 117 (S.D.N.Y. 1982).publishedUnited States v. Helgesen, 669 F.2d 69 (2d Cir. 1982); United States v. Aulet, 618 F.2d 182, 187 (2d Cir. 1980); Indiviglio v. United States, 612 F.2d 624, 627 (2d Cir. 1979), cert. denied, 445 U.S. 933 , 100 S.Ct. 1326 , 63 L.Ed.2d 768 (1…
- David Barnes v. Everett W. Jones, 665 F.2d 427 (2d Cir. 1981).published Now that the Tenth Circuit has adopted a requirement that defense counsel act in a reasonably competent and skillful manner, see Dyer v. Crisp, 613 F.2d 275 (10th Cir. 1980), the Second Circuit is alone in requiring that defense counsel’s…
- Healy v. Malcolm, 496 F. Supp. 941 (S.D.N.Y. 1980).publishedIt remains to be decided whether the failure of Healy’s attorney to arrange for the introduction of the tape rendered Healy’s trial “a farce and mockery of justice.” United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 3…
- Sabino v. LeFevre, 490 F. Supp. 183 (S.D.N.Y. 1980).publishedSee, e. g., United States v. Roberts, 401 F.2d 538, 539 (2d Cir.), cert. denied, 393 U.S. 1005 , 89 S.Ct. 496 , 21 L.Ed.2d 469 (1968) (absent defense demand government is under no obligation to volunteer information concerning informant);…
- Charles W. Brinkley v. Eugene S. Lefevre, 621 F.2d 45 (2d Cir. 1980).published The Second Circuit test of constitutional adequacy is whether the trial lawyer’s activity was “of such a kind as to shock the conscience of the Court and make the proceedings a farce and mockery of justice.” Twitty v. Smith, 614 F.2d 325 (…
- Brockington v. Quick, 486 F. Supp. 801 (S.D.N.Y. 1980).publishedIn evaluating a claim of ineffective assistance of counsel, the Second Circuit has adhered to the stringent standard first enunciated thirty years ago in United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950…
- United States v. Gloria Aulet, 618 F.2d 182 (2d Cir. 1980).publishedUnited States v. Wight, 176 F.2d at 379 (footnote and citations omitted).
- Washington v. Harris, 486 F. Supp. 1037 (S.D.N.Y. 1980).publishedId. at 333 (quoting United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950)).
- United States v. Manuel D. Menendez, 612 F.2d 51 (2d Cir. 1979).publishedUnited States v. Wight, 176 F.2d 376, 379 (2 Cir. 1949), cert. denied, 338 U.S. 950 (1950).
- United States v. Willie Decoster, Jr., 624 F.2d 196 (D.C. Cir. 1979).published See, e. g., United States v. Hurt, 177 U.S. App.D.C. 15, 18, 543 F.2d 162, 165 (1976); Diggs v. Welch, supra note 6 , 80 U.S.App.D.C. at 6-7, 148 F.2d at 668-669 ; Leventhal v. Gavin, 421 F.2d 270, 272-273 (1st Cir.), cert. denied, 398 U.S…
- United States v. Rogers, 471 F. Supp. 847 (E.D.N.Y. 1979).publishedWe are not unmindful that the defendant Raife has consistently asserted a desire to be represented by Davidson; that in this circuit a defendant may not, if he is convicted, complain that counsel whom he has chosen knowingly and intelligen…
- Hunter v. Fogg, 470 F. Supp. 1041 (S.D.N.Y. 1979).publishedRespondent argues that review for a voluntary and intelligent plea implicates the often quoted constitutional standard for ineffective counsel, that is, representation so inadequate “as to shock the conscience of the Court and make the pro…
- Stephens v. LeFevre, 467 F. Supp. 1026 (S.D.N.Y. 1979).published In United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950), the Court of Appeals set forth this standard as follows: “ . . . unless the purported representation by counsel w…
- United States v. Diaz, 577 F.2d 821 (2d Cir. 1978).publishedIn this Circuit the standard was established in United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950): “[U]nless the purported representation by counsel was such as to mak…
- Alfred A. Curci v. United States, 577 F.2d 815 (2d Cir. 1978).publishedIn this Circuit the standard was established in United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950): "(U)nless the purported representation by counsel was such as to mak…
- United States v. Howard Wendy, 575 F.2d 1025 (2d Cir. 1978).publishedGiven the “farce and mockery” standard of competence which, although abandoned in several other circuits, still prevails in this one, United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 (1950); see LiPuma v…
- United States v. Charles Williams, 575 F.2d 388 (2d Cir. 1978).publishedWhile Bing was not the most experienced counsel at the criminal law bar, his performance neither was so deficient as to make the proceedings a farce and mockery of justice, United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. de…
- Healey v. People of State of NY, 453 F. Supp. 14 (S.D.N.Y. 1978).publishedMarcelin v. Mancusi, 462 F.2d 36, 42 (2d Cir. 1972) quoting United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950).
- Grimes v. United States, 444 F. Supp. 78 (S.D.N.Y. 1977).publishedAs is well established — and has been repeatedly reaffirmed— *81 “in order to be of constitutional dimensions the representation [must] be so ‘woefully inadequate “as to shock the conscience of the Court and make the proceedings a farce an…
- United States v. Louis Morales, 566 F.2d 402 (2d Cir. 1977).publishedNeither supposed “error” was such as to “shock the conscience of the Court and make the proceedings a farce and mockery of justice,” United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L…
- United States v. Al Taylor, 562 F.2d 1345 (2d Cir. 1977).published Under the standard in this Circuit for determining lack of effective assistance of counsel as enunciated in United States v. Wight, 176 F.2d 376, 379 (2 Cir. 1949) (Smith, J.), cert. denied, 338 U.S. 950 (1950), and as recently reaffirmed…
- Thomas Lipuma v. Comm'r, Dep't of Corr., State of New York, 560 F.2d 84 (2d Cir. 1977).publishedAccordingly, this court has been consistent in repeatedly holding -that “in order to be of constitutional dimensions the representation [must] be so ‘woefully inadequate “as to shock the conscience of the Court and make the proceedings a f…
- United States v. David N. Bubar, Peter Betres, Ronald Betres, Albert Coffey, Anthony A. Just, & Dennis Tiche, United States of Am. v. Michael J. Tiche, 567 F.2d 192 (2d Cir. 1977).published For the reasons below, we reject both claims. 43 (A) Standard For Determining Ineffective Assistance Of Counsel 44 The stringent standard in this Circuit for nearly three decades for determining lack of effective assistance of counsel is t…
- United States v. Bubar, 567 F.2d 192 (2d Cir. 1977).published (A) Standard For Determining Ineffective Assistance Of Counsel The stringent standard in this Circuit for nearly three decades for determining lack of effective assistance of counsel is that enunciated in United States v. Wight, 176 F.2d 3…
- United States v. Charles Daniels, 558 F.2d 122 (2d Cir. 1977).publishedWe find it unnecessary to reconsider the standard for inadequacy of counsel enunciated in United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950).
- United States v. Michael Medico, 557 F.2d 309 (2d Cir. 1977).published United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949), cert. denied, 338 U.S. 950 , 70 S.Ct. 478 , 94 L.Ed. 586 (1950). 15 Nothing in the record would even arguably support a finding to the contrary.
- United States v. Friedman, 436 F. Supp. 1033 (S.D.N.Y. 1977).publishedPresent counsel recognizes, as he must, that the standard in this Circuit is that the assistance rendered “must be of such a kind as to shock the Conscience of the Court and make the proceedings a farce and mockery of justice.” United Stat…
- Robert Rickenbacker v. Warden, Auburn Corr. Facility, & the People of the State of New York, 550 F.2d 62 (2d Cir. 1977).published We've lost on behalf of the People of the State of New York, to bring a defendant to justice whom the People feel merits justice in the form of a guilty verdict." III. 18 Rickenbacker concedes that in this circuit the standard for inadequa…
- John Stanley Wojtowicz v. United States, 550 F.2d 786 (2d Cir. 1977).publishedIn evaluating claims of ineffective assistance of counsel it has long been the rule that “time consumed in oral discussion and legal research is not the crucial test The proof of the efficiency of such assistance lies in the character of t…
- United States v. Edwin Almestica, 546 F.2d 524 (2d Cir. 1976).publishedWe do not think it fruitful to discuss at length whether the representation of Almestica in the district court was so inadequate as to “shock the conscience of the Court and make the proceedings a farce and mockery of justice.” United Stat…
- US ex rel. Rosner v. Com'r, Nysd of Corr., 421 F. Supp. 781 (S.D.N.Y. 1976).published Thus, to prevail on a claim of constitutionally inadequate representation, a petitioner — at least in this jurisdiction — must meet the burden of proving that his counsel's performance was so "woefully inadequate `as to shock the conscienc…
- United States ex rel. Rosner v. Comm'r, New York State Dep't of Corr., 421 F. Supp. 781 (S.D.N.Y. 1976).published Thus, to prevail on a claim of constitutionally inadequate representation, a petitioner — at least in this jurisdiction — must meet the burden of proving that his counsel’s performance was so “woefully inadequate ‘as to shock the conscienc…
- United States ex rel. Mitchell v. LaVallee, 417 F. Supp. 154 (S.D.N.Y. 1976).publishedAn alternative statement of the standard, cited most frequently and considered by some to be more stringent, is that enunciated in United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949).
- Joseph Edward Francis Lunz v. Robert J. Henderson, 533 F.2d 1322 (2d Cir. 1976).publishedOur Court for a quarter of a century, going back at least to Judge Smith’s seminal opinion in United States v. Wight, 176 F.2d 376, 379 (2 Cir. 1949), cert. denied, 338 U.S. 950 (1950), uniformly has adhered to stringent requirements for e…
- United States v. Sangemino, 401 F. Supp. 903 (S.D.N.Y. 1975).publishedCrispin v. Mancusi, 448 F.2d 233, 237 (2d Cir. 1971); United States v. Wight, 176 F.2d 376, 379 (2d Cir. 1949).
- Sydney B. Kadwell v. United States, 315 F.2d 667 (9th Cir. 1963).published
- John Mack Smith v. United States, 324 F.2d 436 (D.C. Cir. 1963).published
- United States v. Ralph Garguilo, 324 F.2d 795 (2d Cir. 1963).published
- United States ex rel. Thomas C. Cooper v. Frederick G. Reincke, 333 F.2d 608 (2d Cir. 1964).published
- Dale De Roche v. United States, 337 F.2d 606 (9th Cir. 1964).published
- United States ex rel. Robert H. Boucher v. Frederick G. Reincke, 341 F.2d 977 (2d Cir. 1965).published
- Harry C. Knowles v. Clarence T. Gladden, 378 F.2d 761 (9th Cir. 1967).published
- United States ex rel. Ralph Maselli v. Frederick G. Reincke, 383 F.2d 129 (2d Cir. 1967).published
- United States v. Victor Domenic Cifarelli, 401 F.2d 512 (2d Cir. 1968).published
- United States v. Russell Charles Currier, 405 F.2d 1039 (2d Cir. 1969).published
- Joseph Perrone v. United States, 416 F.2d 464 (2d Cir. 1969).published
- United States v. Tony Silva, 418 F.2d 328 (2d Cir. 1969).published
- United States ex rel. Charles F. Scott v. Vincent R. Mancusi, 429 F.2d 104 (2d Cir. 1970).published
- United States v. Albert Spenard, 438 F.2d 717 (2d Cir. 1971).published
- United States ex rel. Joseph Randazzo v. Hon. Harold W. Follette, 444 F.2d 625 (2d Cir. 1971).published
- United States ex rel. Pedro Crispin v. Vincent R. Mancusi, 448 F.2d 233 (2d Cir. 1971).published
- United States ex rel. Harvey A. Marcelin v. Vincent Mancusi, 462 F.2d 36 (2d Cir. 1972).published
- United States ex rel. Albert Curtis v. Hon. John Zelker, 466 F.2d 1092 (2d Cir. 1972).published
- United States v. Enrique Sanchez, 483 F.2d 1052 (2d Cir. 1973).published
- United States ex rel. James A. Walker v. Robert J. Henderson, 492 F.2d 1311 (2d Cir. 1974).published
- United States ex rel. Sheldon Leeson v. Daniel E. Damon, 496 F.2d 718 (2d Cir. 1974).published
- United States v. Michael Joseph Maxey, 498 F.2d 474 (2d Cir. 1974).published
- United States v. Robin Yanishefsky, 500 F.2d 1327 (2d Cir. 1974).published
- United States v. Raul Ortega-Alvarez, 506 F.2d 455 (2d Cir. 1975).published
- United States v. Salvatore Thomas Badalamente, 507 F.2d 12 (2d Cir. 1975).published
- United States ex rel. Larry Johnson v. Leon J. Vincent, 507 F.2d 1309 (2d Cir. 1975).published
- United States v. Carmine Tramunti, 513 F.2d 1087 (2d Cir. 1975).published
- United States ex rel. Pugach v. Mancusi, 310 F. Supp. 691 (S.D.N.Y. 1970).published
- Laffosse v. Walters, 585 F. Supp. 1209 (S.D.N.Y. 1984).published
- Cottman v. Donnelly, 398 F. Supp. 1086 (D. Mass. 1975).published
- United States ex rel. Testamark v. Vincent, 367 F. Supp. 14 (S.D.N.Y. 1973).published
- United States ex rel. Richardson v. Mcmann, 340 F. Supp. 136 (S.D.N.Y. 1971).published
- United States ex rel. Brandon v. LaVallee, 391 F. Supp. 1150 (S.D.N.Y. 1974).published
- United States ex rel. Thomas v. Zelker, 332 F. Supp. 595 (S.D.N.Y. 1971).published
- United States ex rel. Maselli v. Reincke, 261 F. Supp. 457 (D. Conn. 1966).published
- Williams v. Froehlke, 356 F. Supp. 591 (S.D.N.Y. 1973).published
- In re Bousley, 292 A.2d 249 (Vt. 1972).published
- State v. Costello, 273 A.2d 687 (Conn. 1970).published
- Mosher v. LaVallee, 351 F. Supp. 1101 (S.D.N.Y. 1972).published
- United States ex rel. Bryant v. Fay, 239 F. Supp. 413 (S.D.N.Y. 1965).published
- United States ex rel. DeMary v. Pate, 277 F. Supp. 48 (N.D. Ill. 1967).published
- United States ex rel. Bristol v. McKendrick, 293 F. Supp. 414 (S.D.N.Y. 1968).published
- United States ex rel. Hussey v. LaVallee, 302 F. Supp. 305 (E.D.N.Y. 1969).published
- United States ex rel. Burney v. Follette, 309 F. Supp. 1380 (S.D.N.Y. 1970).published
- Allen v. VanCantfort, 316 F. Supp. 222 (D. Me. 1970).published
- U. S. A. ex rel. Sabella v. Follette, 316 F. Supp. 452 (S.D.N.Y. 1970).published
- United States ex rel. Berkowitz v. Deegan, 323 F. Supp. 951 (S.D.N.Y. 1970).published
- Massimo v. United States, 339 F. Supp. 519 (S.D.N.Y. 1972).published
- Wirth v. United States, 348 F. Supp. 1137 (D. Conn. 1972).published
- Rivera v. United States, 370 F. Supp. 439 (S.D.N.Y. 1973).published
- Gomez v. United States, 371 F. Supp. 1178 (S.D.N.Y. 1974).published
- United States ex rel. Rosner v. Warden, Sing Sing Prison, 398 F. Supp. 1213 (S.D.N.Y. 1974).published
- Dean v. United States, 400 F. Supp. 823 (D. Mass. 1975).published
- United States v. William Bentvena, 319 F.2d 916 (2d Cir. 1963).published
- United States v. Jack Matalon, 445 F.2d 1215 (2d Cir. 1971).published
- Paul Peter Solina, Jr. v. United States, 709 F.2d 160 (2d Cir. 1983).published
- United States of Am., (Docket Nos. 83-1204, 83-1205) v. Charles O. Dukes, & Charles O. Dukes, (Docket No. 83-2185) v. United States, 727 F.2d 34 (2d Cir. 1984).published
- Dudley v. Dalsheim, 526 F. Supp. 88 (S.D.N.Y. 1981).published
- United States ex rel. Smith v. Reincke, 239 F. Supp. 887 (D. Conn. 1965).published
- People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006).published
- People v. Smith, 202 Misc. 694 (1951).published
- United States ex rel. Jardine v. McMann, 246 F. Supp. 33 (N.D.N.Y. 1965).published
- Grant v. United States, 447 F. Supp. 732 (S.D.N.Y. 1978).published
At page 378 Denial of motion to vacate based on ineffective counsel3 citing casessentenced to imprisonment for three years on the first count, to follow the ' six months’ sentence on the information, and on the other four counts was placed…
- Commonwealth v. Saferian, 315 N.E.2d 878 (Mass. 1974).published
- Palmer v. Adams, 294 A.2d 297 (Conn. 1972).published
- United States ex rel. Kelley v. Rundle, 242 F. Supp. 708 (E.D. Pa. 1965).published
v.
Wight
This is an appeal from an order entered February 28, 1949 in the District Court for the Southern District of New York, denying, without an opinion, a petition pursuant to 28 U.S.C.A. § 2255 to set aside a judgment of conviction and sentence imposed under indictment C 128-345. Affirmed.
Petitioner was sentenced November 22, 1948 in the District Court for the Southern District of New York on pleas of guilty, to a criminal information and two indictments.
In case C 128-264, on a plea of guilty to an information charging illegal wearing of an Army uniform, 18 U.S.C.A. § 702, he was sentenced to six months’ imprisonment.
In case C 128-344, on a plea of guilty to an indictment in one count charging false registration under the Selective Service Act, 50 U.S.C.A.Appendix, § 462, imposition of sentence was suspended and he was placed on probation for three years to commence on termination of sentence on count one of C 128-345,
In case C 128-345, on a plea of guilty to an indictment in five counts charging the obtaining of things of value in the pretended character of an officer or employee of the United States, 18 U.S.C.A. § 76 (1946), 18 U.S.C.A. § 912 (1948), he was[*378] sentenced to imprisonment for three years on the first count, to follow the ' six months’ sentence on the information, and on the other four counts was placed on probation for three years thereafter, concurrently with the probationary period on the Selective Service indictment, C 128-344.
At the first call of the calendar on November 22, 1948, counsel for the defendant was assigned by the Court. The defendant alleges by his petition that he conferred with his counsel for about fifteen minutes during the period from counsel’s assignment at the first call of the calendar to the time when the defendant’s case was reached bn the second call of the calendar.
Counsel was advised that the defendant admitted obtaining articles of value by masquerading as an enlisted man of the Air Force. .Counsel was of the opinion that an enlisted man of the Air Force fell within the definition of an officer or employee of the United States in the prohibition of the statute. The defendant at first disagreed and was unwilling to plead guilty to that charge! The defendant changed his mind upon the reading of the charge in open court, however, and pleaded guilty to each of the five counts of that indictment (C 128-345). Counsel, surprised by defendant’s plea of guilty to the first count, called the attention of defendant and Court to the earlier unwillingness to plead guilty and explained the reason for defendant’s earlier hesitancy and counsel’s advice upon the daw. [1] *.
The Court agreed with counsel’s interpretation of the .statute and accepted the guilty plea.
Motion to vacate and correct sentence under indictment C 128-345, pursuant to 28 U.S.C.A. § 2255, on the grounds that he had not pleaded guilty, that his plea was obtained by fraud, and that he did not have effective representation by counsel, was denied. From that denial this appeal is taken. \
Counsel assigned for the appeal no longer denies that a plea of guilty was entered nor contends that it was obtained by fraud. He strenuously contends, however, that petitioner did not receive the effective services of counsel contemplated by the constitutional guarantees. Constitution of the United States, Amendments V, VI. [2] He argues that the short time available for conference, fifteen minutes, and advice by counsel without taking the trouble to study the section of the statute under which defendant was charged or interpretations of it in the courts, demonstrate a mere perfunctory and formal representation, in violation of the constitutional guarantees of assistance of counsel and assurance of due process. There can be no quarrel with the proposition that the right to counsel means the right to the conscientious services of competent counsel. Von Moltke v. Gillies, 332 U.S. 708, 722-723, 68 S.Ct. 316, 92 L.Ed. 309; Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158, 84 A.L.R. 527; Johnson v. Zerbst, 304 U.S. 458, 462-463, 58 S.Ct. 1019, 82 L.Ed. 1416, 146 A.L.R. 357; Willis v. Hunter, 10 Cir., 166 F.2d 721, cert. den. 334 U.S. 848, 68 S.Ct. 1499, 92 L.Ed. 1772. Mere perfunctory appearance for a defendant is not enough. Powell v. Alabama, supra, 287 U.S. at pp. 58, 71, 53 S.Ct. 55, 77 L.Ed. 158, 84 A.L.R. 527; Glasser v. U.S., 315 U.S. 60, 76, 62 S.Ct. 457, 86 L.Ed. 680; Avery v. Alabama, 308 U.S. 444, 446, 60 S.Ct. 321, 84 L.Ed. 377; Johnson v. U.S., 71 App.D.C. 400, 110 F.2d 562. U.S. ex rel Foley v. Ragen, D.C., 52 F.Supp. 265, 270.
Here, however, in spite of the shortness of the time, the appearance was not perfunctory. There is shown no lack of knowledge by counsel of either the facts or the law upon which counsel advised his client;
Counsel’s view of the law was a correct one. The language of the statute [3] has been construed broadly in harmony 6th its aim, which is “not merely to pro[*379] tect innocent persons from actual loss through reliance upon false assumptions of federal authority, but to maintain the general good repute and dignity of the service itself.” U. S. v. Barnow, 239 U.S. 74, 80, 36 S.Ct. 19, 22, 60 L.Ed. 155; Lamar v. U. S., 241 U. S. 103, 36 S.Ct. 535, 60 L.Ed. 912; U. S. v. Lepowitch, 318 U.S. 702, 704, 63 S.Ct. 914, 87 L.Ed. 1091; Ekberg v. U. S., 1 Cir., 167 F.2d 380, 386-388.
The statute plainly prohibits any false assumption or pretense of office or employment under the authority of the United States in any department or office in the government when done with intent to defraud and accompanied by any of the specified acts in the pretended character. By its language the statute does not require that allegations of impersonation of government officials he specific, or limited to a particular person or class of persons. Allegations couched in the most general of terms will suffice. U. S. v. Lepowitch, supra, 318 U.S. at page 704, 63 S.Ct. at page 916, 87 L.Ed. 1091.
T he statute was broadly interpreted by defendant’s counsel who concluded, and properly so, that one who falsely impersonated an enlisted man in the Air Force was holding himself out as an employee of the United States and, if he had done so with intent to defraud, and committed any of the acts specified therein, he was within the condemnation of the statute. An enlisted man is no less chargeable under the statute merely because, by its language, it also includes officers. The defendant was not deceived in any way on his plea, nor was he deprived of any advantage in the way of representation to which he was entitled.
Notwithstanding the relatively short amount of time spent by counsel with the defendant, and the absence of any research on the syntax of the statute, counsel, led by his own experience and judgment, arrived at the correct answer. Certainly the amount of time and effort of preparation required to provide effective representation will vary with the nature of , the charge, counsel’s familiarity with the law applicable and the facts. [4]
Moreover, time consumed in oral discussion and legal research is not the crucial test of the effectiveness of the assistance of counsel. The proof of the efficiency of such assistance lies in the character of the resultant proceedings, and unless the purported representation by counsel was such as to make the trial a farce and a mockery of justice, mere allegations of incomjpetency or inefficiency of counsel will not ordinarily suffice as grounds for the issuance of a writ of habeas corpus or the granting of a petition pursuant to 28 U.S.C. 2255. [5] U. S. ex rel. Feeley v. Ragen, 7 Cir., 166 F.2d 976, Jones v. Huff, 80 U.S.App.D.C. 254, 152 F.2d 14, 15. Diggs v. Welch, 80 U.S.App.D.S. 5, 148 F.2d 667, cert. den. 325 U. S. 889, 65 S.Ct. 1576, 89 L.Ed. 2002. Strong v. Huff, 80 U.S.App.D.C. 89, 148 F.2d 692, cert. den. 326 U. S. 768, 66 S.Ct. 165, 90 L.Ed. 463; Helms v. Humphrey, D.C., 63 F.Supp. 4, 5.
A lack of effective assistance of counsel must be of such a kind as to shock the conscience of the Court and make the proceedings a farce and mockery of justice. Diggs v. Welch, supra. U. S. ex rel. Foley v. Ragen, supra, 166 F.2d at page 981. The circumstances surrounding the plea in the instant case were not of such a nature.
[*380] We appreciate the great industry and talent shown hy assigned counsel in presenting the constitutional questions before us. We do not find, however, any lack of effective representation by counsel at the time of plea and sentence in C 128-345. We, therefore, hold that the ruling of the Court below, denying the motion to vacate and correct the sentence in C 128-345, was right and proper.
Affirmed.
Transcript ' of proceedings before Judge Medina, November 22, 1948, pp. 2-3.
Constitution of the United . States, Amendment, VI; “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, * * * and to have the Assistance of Counsel for his defence.”
18 U.S.C.A. § 76 (1946), 18 U.S.C.A. § 912 (1948).
Appointment of counsel for an indigent one minute before the commencement of the trial was held to be insufficient. U. S. v. Helwig, 3 Cir., 159 F.2d 616, 618. Each case, however, must be examined individually as the Supreme Court suggested by its language in Avery v. Alabama, 308 U.S. 444, 446, 60 S.Ct. 321, 84 L.Ed. 377. Whether the time for consultation was enough should depend upon the nature of the case. Maye v. Pescor, 8 Cir., 162 F.2d 641, 643.
The cases cited for the proposition involve generally the sufficiency of a petition for the writ of habeas corpus, whereas, here, the petitioner has invoked the remedies on motion attacking sentence provided for by 28 U.S.C.A. § 2255, which rendered the use of the writ unnecessary under these circumstances. Except for the procedural difference, the cases are in point and the law applicable in tlie instant case.