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FISHER v. UNITED STATES

No. 8747.

317 F.2d 352 (1963)

Robert Wilburn FISHER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 10, 1963.

Attorney(s) appearing for the Case

Emmet J. Bondurant, Court-assigned Counsel, for appellant.

Robert W. Fisher, pro se, on brief.

Terrell L. Glenn, U. S. Atty. (Marvin L. Smith, Asst. U. S. Atty., on brief), for appellee.

Before SOBELOFF, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge.

After pleading guilty in 1961 to a charge of violating the Dyer Act, 18 U.S.C.A. § 2312, Robert W. Fisher was sentenced to a three-year term in the United States Penitentiary at Atlanta, Georgia. Less than seven months later he moved in the District Court to vacate the sentence. The motion asserted that he was mentally incompetent at the time of his arraignment and trial and that his mental condition, which he describes as "depressive mania...

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