UNITED STATES v. ELLSWORTH

No. 75-3708.

547 F.2d 1096 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. W. Vaughn ELLSWORTH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing February 2, 1977.


Attorney(s) appearing for the Case

Richard L. Basinger (argued), of Basinger & Associates, Scottsdale, Ariz., for defendant-appellant.

Michael B. Scott, Asst. U. S. Atty. (argued), Phoenix, Ariz., for plaintiff-appellee.

Before WRIGHT and WALLACE, Circuit Judges, and BURNS, District Judge.


EUGENE A. WRIGHT, Circuit Judge:

Of the issues raised by the defendant-appellant, this is the most troublesome: Has one accused of a crime been wrongfully denied the assistance of appointed counsel, under the Sixth Amendment and the Criminal Justice Act [18 U.S.C. § 3006A (1970)] when he has refused to comply with the court's request to complete its Financial Affidavit form, CJA 23, as proof of indigency? We conclude that the defendant here was not impermissibly...

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