United States v. Ralph Hubert Barger, Jr.

This case arises from a district court order denying appellant’s request for payment of investigator fees and costs. We affirm.

I. Facts

Mr. Frank Mangan was appointed as counsel for Ralph H. Barger, Jr. pursuant to 18 U.S.C. § 3006A(b) in United States v. Barger, et al. 1 During August 1979, Mangan was informed that the court would grant advance authorization for an investigator in the amount of $1,000 for each defendant pursuant to 18 U.S.C. § 3006A(e). In September 1979, Mangan submitted a voucher for $1,111.65, $1,000 of which was approved by Judge Conti and Ninth Circuit Chief Judge Browning. In *774 early December, Mangan submitted a request for authorization of an additional $10,000 for investigator fees and costs. Although the specific actions that followed are disputed, it is undisputed that Judge Conti never formally granted the request.

Mangan thereafter submitted two vouchers requesting payment for the services of the investigator. On April 17, 1980, Judge Conti wrote a letter to Mangan indicating that he was not going to approve any investigator expenses above the $1,000 previously authorized. On May 27, 1980, Mangan responded by asking Judge Conti to reconsider…

concurring in the result:

I agree that we are compelled to affirm the order of the district court, but I do so with great reluctance. The result is harsh. Drastic economic consequences are visited upon an investigator, now deceased, who appears to have acted in good faith at all times. Other district judges might have handled the matter in a different manner and reached a more equitable result. Nevertheless, after considering all of the particular facts and circumstances of this case, I cannot say that the district court abused its discretion. Cf., 7 Administrative Office of the United States Courts, Guide to Judiciary Policies and Procedures, Guidelines for the Administration of the Criminal Justice Act, § A, ch. 3, § 3.02 transmittal 8 (May 15, 1980).

672 F.2d 772 UNITED STATES of America, Plaintiff-Appellee, v. Ralph Hubert BARGER, Jr., Defendant-Appellant. Nos. 80-1432, 81-1026. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 12, 1981. Decided March 26, 1982. Carleen R. Arlidge, San Jose, Cal., argued, for defendant-appellant; Frank M. Mangan, San Jose, Cal., on brief. Charles B. Burch, Asst. U. S. Atty., San Francisco, Cal., for the U. S. Appeal from the United States District Court for the Northern District of California. Before SKELTON * , Senior Judge, CHOY and REINHARDT, Circuit Judges. CHOY, Circuit Judge: 1 This case arises from a district court order denying appellant's request for payment of investigator fees and costs. We affirm. I. Facts 2 Mr. Frank Mangan was appointed as counsel for Ralph H. Barger, Jr. pursuant to 18 U.S.C. § 3006A(b) in United States v. Barger, et al. 1 During August 1979, Mangan was informed that the court would grant advance authorization for an investigator in the amount of $1,000 for each defendant pursuant to 18 U.S.C. § 3006A(e). In September 1979, Mangan submitted a voucher for $1,111.65, $1,000 of which was approved by Judge Conti and Ninth Circuit…