United States v. Herbert Kaufman, 452 F.2d 1202 (4th Cir. 1972). · Go Syfert
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United States v. Herbert Kaufman, 452 F.2d 1202 (4th Cir. 1972). Cases Citing This Book View Copy Cite
20 citation events (6 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Harold Owen, 407 F.3d 222 (4th Cir. 2005)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
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At page 1202 defendant refused to execute an affidavit of financial status to establish his indigency · 5 citing cases1 citing court put it this way
  • United States v. Harold Owen, 407 F.3d 222 (4th Cir. 2005). 4 cites
    (defendant refused to execute an affidavit of financial status to establish his indigency)
  • United States v. Tommy A. Davis, (Two Cases), 958 F.2d 47 (4th Cir. 1992).
    As this court has previously made clear, a defendant cannot block legitimate inquiry into his ability to afford counsel and then complain if counsel is not appointed. 4 United States v. Kaufman, 452 F.2d 1202, 1202 (4th Cir.1971) (per curi…
  • United States v. Lawrence Sarsoun, 834 F.2d 1358 (7th Cir. 1988). 2 cites
    See United States v. Harris, 707 F.2d 653, 660 (2d Cir.), cert. denied, 464 U.S. 997 , 104 S.Ct. 495 , 78 L.Ed.2d 688 (1983); United States v. Peister, 631 F.2d 658, 662 (10th Cir.1980); United States v. Anderson, 567 F.2d 839 , 840 (8th C…
  • United States v. William F. McQuade & Wilma N. McQuade, 647 F.2d 938 (9th Cir. 1981).
    (criminal defendant denied court-appointed counsel for failure to demonstrate indigency)
  • State v. Byrnes, 404 A.2d 495 (R.I. 1979).
    Ed. 2d 247 (1977); United States v. Schmitz, 525 F.2d 793, 795 (9th Cir. 1975); United States v. Kaufman, 452 F.2d 1202, 1202 (4th Cir. 1971), cert. denied, 405 U.S. 989 , 92 S. Ct. 1252 , 31 L.
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Herbert KAUFMAN, Appellant
71-1461.
Court of Appeals for the Fourth Circuit.
Mar 20, 1972.
452 F.2d 1202
Herbert Kaufman, pro se., George Beall, U. S. Atty., D. Md., and Jeffrey S. White, Asst. U. S. Atty., on brief for appellee.
Butzner, Russell, Field.
Cited by 15 opinions  |  Published
PER CURIAM:

Herbert Kaufman was tried by a jury and found guilty on seven counts of an eight-count indictment charging him with conspiracy to defraud the government, filing a false claim, perjury, and subornation of perjury. His principal assignments of error are that an attorney of his choice was not appointed to assist in his defense in the district court and that he was not mentally capable of defending himself in those proceedings.

There is no evidence in the record that Kaufman lacked sufficient funds to retain an attorney to represent him. He has not shown either by testimony or by way of an affidavit that he is without adequate resources to provide his own counsel. United States v. White, 344 F.2d 92 (4th Cir. 1965). On appeal Kaufman was told that he could have counsel if he was indigent, but he refused to execute an affidavit of financial status to establish his indigency. He was not, therefore, entitled to court-appointed representation in the district court or on appeal.

Before sentencing, the district judge received psychiatric reports, but the privately retained doctors who prepared them did not testify. One of the reports expressed an opinion that Kaufman could not conduct his own defense. The district judge, however, previously had ample opportunity to observe Kaufman’s ability to defend himself. We find no error in his refusal to give full credence to the doctor’s opinion, which was formed after the trial.

We find no merit in Kaufman’s other contentions.

The motion for a summary reversal is denied. We deem oral argument to be unnecessary and affirm the decision of the district court.

Affirmed.