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FLOYD v. UNITED STATES

No. 22372.

365 F.2d 368 (1966)

Franklin Delano FLOYD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 2, 1966.

Attorney(s) appearing for the Case

Franklin Delano Floyd, pro se.

Sampson M. Culpepper, Asst. U. S. Atty., Macon, Ga., for appellee.

Before BROWN, WISDOM and THORNBERRY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In a motion to vacate judgment and sentence pursuant to 28 U.S.C.A. § 2255, appellant raised a serious question as to whether he was mentally competent at the time he entered a plea of guilty and was sentenced.1 We hold that the District Court's denial of that motion without a hearing must be reversed on the ground that appellant has never obtained the judicial determination of this question to which...

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