Grill v. United States

Fifth Circuit Court of Appeals

Decided July 8, 1966.

Fifth Circuit Court of Appeals · decided 1966-07-08

Cited by 3 later decisions — most recently January 1969

3 federal appellate ·

1 counsel of record

Applies 18 U.S.C. § 4244 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-07-08

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¶1Edward F. Boardman, U. S. Atty., Tampa, Fla., for appellee.

¶2Before TUTTLE, Chief Judge, and BROWN and COLEMAN, Circuit Judges.

¶3PER CURIAM:

¶4Appellant moved to vacate sentences under 28 U.S.C.A. § 2255. On a total of seven counts charging fraud by mail, Appellant pleaded guilty to each and was sentenced thereunder. By his § 2255 motion he alleges that he was mentally incompetent at the time of his guilty plea.

¶5The District Court denied relief noting that in June 1964 Appellant was found mentally competent to stand trial in a judicial proceeding under 18 U.S.C.A. § 4244, and that Appellant’s subsequent plea of guilty was freely and voluntarily made. The petition made no factual showing that Appellant’s mental condition had changed between the date of the judicial hearing and the filing of the present motion. The record fully supports the District Court’s action, and, accordingly it is affirmed.