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HOLMES v. UNITED STATES

No. 19678.

363 F.2d 281 (1966)

Frank W. HOLMES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1966.

Attorney(s) appearing for the Case

Mr. John J. Nealon, Washington, D. C. (appointed by the District Court), for appellant. Mr. James S. Gardiner, Washington, D. C., also entered an appearance for appellant, submitted on the brief, for appellant.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Joel D. Blackwell and Oscar Altshuler, Asst. U. S. Attys., were on the brief, submitted on the brief, for appellee.

Before BAZELON, Chief Judge, and FAHY and LEVENTHAL, Circuit Judges.

BAZELON, Chief Judge:

This is an appeal from the District Court's denial, after hearing, of appellant's post-conviction motion under 28 U.S.C. § 2255 to vacate his sentence for robbery and impersonating an officer. The motion alleged that counsel rendered ineffective assistance by failing to invoke the insanity defense at trial.

Before trial, counsel obtained a report from Dr. Hyman Shapiro, a psychiatrist who had treated appellant on several occasions...

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