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256 F.2d 889

Docket No. 14247.

Smith v. United States

District of Columbia Circuit Court of Appeals

Argued June 9, 1958.

Decided June 19, 1958.

Petition for Rehearing In Banc Denied Aug. 25, 1958.

District of Columbia Circuit Court of Appeals · decided 1958-06-19

Cited by 3 later decisions — most recently April 1959

3 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1958-06-19

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¶1Mr. Newell Blair, Washington, D. C. (appointed by this court) for appellant.

¶2Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Carl W. Belcher and Joseph M. Hannon, Asst. U. S. Attys., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U. S. Atty., also entered an appearance for appellee.

¶3Before Fahy, Washington and Dan-aiier, Circuit Judges.

¶4PER CURIAM.

¶5The appeal is from a judgment of conviction of robbery.1 The question is whether trial counsel, not counsel who on appointment by this court has ably represented defendant on the appeal, conducted the defense so incompetently as to bring about a denial of the assistance of counsel · Case Law">effective assistance of counsel to which defendant was entitled under either the Fifth or the Sixth Amendment, or both. The question is presented to us on the basis of the record of the trial itself, upon consideration of which we are of opinion the claim must be denied.

¶6Affirmed.

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