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UNITED STATES v. CANNON

No. 89, Docket 27640.

310 F.2d 841 (1962)

UNITED STATES of America, Appellee, v. Charles Gregory CANNON, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 7, 1962.

Attorney(s) appearing for the Case

Andrew T. McEvoy, Jr., and William J. Quinlan, Asst. U. S. Attys., New York City (Vincent L. Broderick, U. S. Atty. for Southern District of New York, New York City, Arnold N. Enker, Asst. U. S. Atty., New York City, on the brief), for appellee.

Geoffrey M. Kalmus, New York City (Skadden, Arps, Slate, Meagher & Flom, New York City), for defendant-appellant.

Before CLARK, MOORE and SMITH, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal from an order of the District Court denying without a hearing a motion to vacate sentence pursuant to 28 U.S.C.A. § 22551 on the grounds that the defendant was not mentally competent at the time of his trial. The District Court denied the application under § 2255 without prejudice to petitioner's rights to proceed under 18 U.S. C.A. § 42452 and to renew...

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