Charles Washington v. United States

A four count indictment was returned "by the Grand Jury for the Southern District of California, charging appellant and co-defendant Wendell Long with various violations of Federal Narcotics laws, namely Title 26 United States Code, § 4705 (a). Appellant was charged in three counts. Codefendant Long pleaded guilty, and the trial proceeded as scheduled against appellant and concluded on February 6, 1959, at which time the jury found appellant guilty on all three counts with which he was charged.

Appellant was sentenced to twenty years on each of the three counts, each sentence to run concurrently. Appellant, with his consent, was represented at the sentencing by counsel who represented codefendant Long throughout the proceedings.

Subsequently, appellant filed a motion to vacate an illegal sentence. Hearing was held, appellant being present throughout the hearing and represented by counsel. Evidence was received, and the testimony of witnesses was heard including that of the appellant and his counsel at his trial. The only question before the court was whether appellant was provided with competent and effective counsel at the proceedings leading to his conviction and sentence.…