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UNITED STATES v. DAY

No. 15551.

333 F.2d 565 (1964)

UNITED STATES of America, Plaintiff-Appellee, v. John Edward DAY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 24, 1964.

Attorney(s) appearing for the Case

Russell W. Renner (Court Appointed), Cincinnati, Ohio, for appellant.

David E. Smith, Asst. U. S. Atty., Knoxville, Tenn., J. H. Reddy, U. S. Atty., Chattanooga, Tenn., on brief, for appellee.

Before WEICK, Chief Judge, CECIL, Circuit Judge, and McALLISTER, Senior Circuit Judge.

PER CURIAM.

John Edward Day appeals from an order of the District Court denying his motion to vacate sentence filed under Title 28 U.S.C. § 2255. Day pleaded guilty to a two-count indictment charging him with bank robbery, and received sentences of five years, and twenty-five years, to be served concurrently.

Among the errors charged in his motion to vacate, appellant Day contended that, at the time of sentence, he was incapable of assisting in his defense...

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