United States v. Richard B. Hendrickson, Robert Glenn McKinney Richard B. Hendrickson

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Defendant Hendrickson appeals from a judgment of sentence in the District Court of New Jersey following a jury’s verdict of guilty of mail fraud (18 U.S.C. § 1341) and conspiracy to commit mail fraud (18 U.S.C. § 371).

I

Defendant claims that his constitutional rights to counsel under the Sixth Amendment and to due process under the Fifth Amendment were violated because counsel was not assigned to him at the time of his arraignment before the district judge on February 5, 1965.

It is true that Powell v. Alabama, 287 U.S. 45, 69, 53 S.Ct. 55, 77 L.Ed.…