United States v. Lowery, Crim. No. 1105-65.

• Decision Date: 24 May 1966
• Docket Number: Crim. No. 1105-65.
• Citation: 261 F. Supp. 396
• Parties: UNITED STATES of America v. Mary LOWERY.
• Court: U.S. District Court — District of Columbia

261 F. Supp. 396

UNITED STATES of America v. Mary LOWERY.

Crim. No. 1105-65.

United States District Court District of Columbia.

May 24, 1966.

Application of George C. Dreos, Esquire for Compensation under the Criminal Justice Act, 18 U.S.C. § 3006A(d)

BAZELON, Chief Circuit Judge.

The payment of compensation in the total amount of $902.50 which has been approved by the District Court is disapproved to the extent that it exceeds $500.

The trial lasted from April 1, 1966, to April 6, 1966. The trial judge approved this allowance at the maximum amount of $15 per hour, for 27 hours spent in court, and at a maximum of $10 per hour for 44 hours spent out of court.

I cannot approve the allowance on this application of any amount beyond the limit of $500 set by the Congress for the remuneration of counsel as I do not believe that the extent and nature of the services rendered can be said to constitute "protracted representation" or "extraordinary circumstances." 18 U.S.C. § 3006A(d). At the same time I do not doubt that the services rendered to the client are fairly worth the total of $902.50. While success in the ultimate outcome of the case is an important factor, it cannot be the governing consideration.

It seems clear, however, from the language of the statute and its legislative history that the Congress did not intend that the $500 limit was to apply in every case where the number of hours computed at the maximum rates permitted would give a total exceeding the sum of $500. The statute which reads as follows:

"In

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