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DELGADO v. UNITED STATES

Misc. No. 1057.

282 F.2d 678 (1960)

Gilbert DELGADO, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals Ninth Circuit.

August 23, 1960.

Attorney(s) appearing for the Case

Gilbert Delgado, McNeil Island, Wash., in pro. per.

No appearance for respondent.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.

PER CURIAM.

Petitioner, Gilbert Delgado, after making two prior applications under Section 2255, Title 28 U.S.C., which applications were denied by the District Court of the Southern District of California, filed a third petition upon a different ground in that Court under Section 2255, entitled Motion to Vacate and Set Aside the Illegal Sentence. In this motion petitioner alleged as follows:

"Your petitioner was mentally incompetent at the time of the trial...

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