U.S. Court of Appeals for the Ninth Circuit, 1971

United States v. Wayman Otis Wilkes

United States v. Wayman Otis Wilkes
U.S. Court of Appeals for the Ninth Circuit · Decided November 15, 1971 · Merrill, Koelsch, Browning
449 F.2d 163 (Federal Reporter, Second Series)

United States v. Wayman Otis Wilkes

Opinion

PER CURIAM:

Wilkes appeals from his conviction in the District Court on eight counts of violating 21 U.S.C. § 331 (q) (2), (3), sale and possession for sale of depressant or stimulant drugs. His sole contention on appeal is that he was deprived of the effective assistance of counsel because of his trial counsel’s incorapetency.

Wilkes contends that his trial counsel might have presented the evidence differently and that he might have called other witnesses. This court has held that such hindsight speculation as to how a case might have been defended differently is not sufficient to show that trial counsel was incompetent. Borchert v. United States, 405 F.2d 735 (9th Cir. 1968), cert. den. 394 U.S. 972, 89 S.Ct. 1466, 22 L.Ed.2d 753 (1969). We have examined the record and conclude that counsel was rendering reasonably effective assistance. Therefore, the conviction must be affirmed.

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