Wade v. United States, 504 U.S. 181, 7 (1992)

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Cite as: 504 U. S. 181 (1992)

Opinion of the Court

This is so because the record shows no support for his claim of frustration in trying to plead an adequate claim, and because his claim as presented to the District Court failed to rise to the level warranting judicial enquiry. The District Court expressly invited Wade's lawyer to state for the record what evidence he would introduce to support his position if the court were to conduct a hearing on the issue. App. 10. In response, his counsel merely explained the extent of Wade's assistance to the Government. Ibid. This, of course, was not enough, for although a showing of assistance is a necessary condition for relief, it is not a sufficient one. The Government's decision not to move may have been based not on a failure to acknowledge or appreciate Wade's help, but simply on its rational assessment of the cost and benefit that would flow from moving. Cf. United States v. Doe, 290 U. S. App. D. C. 65, 70, 934 F. 2d 353, 358, cert. denied, 502 U. S. 896 (1991); United States v. La Guardia, 902 F. 2d 1010, 1016 (CA1 1990).

It is clear, then, that, on the present record, Wade is entitled to no relief, and that the judgment of the Court of Appeals must be

Affirmed.

187

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