United States v. Dodge

Decision Date30 March 1966
Docket NumberNo. 64 Cr. 619.,64 Cr. 619.
Citation260 F. Supp. 929
PartiesUNITED STATES of America v. Robert J. DODGE, and others, including Milton Parness.
CourtU.S. District Court — Southern District of New York

LUMBARD, Chief Judge.

Application of Theodore Krieger, Esq. for compensation under the Criminal Justice Act, 18 U.S.C. § 3006A

The payment of compensation to the extent of $1,800 is approved.

The trial of this case lasted from October 18 to and including November 10, 1965, altogether 17 court days. In addition, counsel spent a total of 48 hours in interviews and legal research outside of court.

I find this to be the kind of "protracted representation" which the statute had in mind when it provided that payment in excess of the $500 limit of compensation to counsel could be made in such "extraordinary circumstances." 18 U.S.C. § 3006A(c).

The trial judge approved the claim in the total of $2,175 which was at the maximum rate of $15 per hour for 113 hours in court and $10 per hour for 48 hours of time out of court.

As a payment in excess of the $500 limit fixed by the statute for representation in an ordinary felony case is not necessarily to be computed at the maximum rates, it seems to me advisable to allow compensation in an amount somewhat less than the maximum but which, in total, allows compensation in substantial amount.

Accordingly, I approve the application in the total amount of $1,800.

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13 cases
  • United States v. James
    • United States
    • U.S. District Court — Western District of Texas
    • March 26, 1969
    ...30, 1968; United States v. Aadal, 282 F.Supp. 664 (S. D.N.Y.1968), supplementing, 280 F.Supp. 866 (D.C.1967); United States v. Dodge, 260 F.Supp. 929 (S.D.N.Y.1966); United States v. Hanrahan, 260 F.Supp. 728 (D. D.C.1966); United States v. Pope, 251 F.Supp. 234 (D.Neb.1966); cf. People ex ......
  • United States v. Carnevale
    • United States
    • U.S. District Court — District of Rhode Island
    • December 19, 1985
    ...reliance on the maximum rates is the exception rather than the rule. See, e.g., Hildebrandt, 420 F.Supp. at 478; United States v. Dodge, 260 F.Supp. 929, 929 (S.D.N.Y.1966); United States v. Hanrahan, 260 F.Supp. 728, 729 (D.D.C.1966). "The Act's use of the words `fair compensation' for thi......
  • United States v. Thompson
    • United States
    • U.S. District Court — District of Columbia
    • July 31, 1973
    ...Draft, 1971); Bazelon, The Defective Assistance of Counsel, 42 Cinn. L.Rev. 1, 41-46 (1973). 14 E. g., United States v. Dodge, 260 F. Supp. 929 (S.D.N.Y.1966) (Lumbard, C. J.). 15 Report at 16 E. g., United States v. Pope, 251 F. Supp. 234 (D.Neb.1966); Report at 173. Cf. United States v. U......
  • United States v. Wolfson
    • United States
    • U.S. District Court — Southern District of New York
    • April 11, 1967
    ...to doubt that this in fact was done, or to question the ability of the jurors to proceed as instructed. Cf. United States v. Dodge, 260 F.Supp. 929 (S.D.N.Y. Feb. 11, 1965). The apparent failure of the Assistant United States Attorney to instruct Kosow of his right to confer with counsel is......
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