BUTLER v. UNITED STATES

No. 8674.

361 F.2d 869 (1966)

Edwin B. BUTLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 8, 1966.


Attorney(s) appearing for the Case

James M. Barnett, Shawnee Mission, Kan., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty. (Newell A. George, U. S. Atty., on the brief), for appellee.

Before BREITENSTEIN and HILL, Circuit Judges, and LANGLEY, District Judge.


BREITENSTEIN, Circuit Judge.

Appellant was sentenced to three years imprisonment on his plea of guilty to a charge of violation of the Dyer Act, 18 U.S.C. § 2312. The district court treated confused and irregular filings by appellant as a motion for relief under 28 U.S.C. § 2255 and denied such relief without an evidentiary hearing. Appellant claims that the guilty plea was not entered voluntarily and that at the time of the plea he was mentally incompetent...

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