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STREATOR v. UNITED STATES

No. 23664.

367 F.2d 384 (1966)

Archie Raymond STREATOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 25, 1966.

Attorney(s) appearing for the Case

Archie Raymond Streator, in pro. per.

Joseph W. Hatchett, Asst. U. S. Atty., Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle District of Florida, for appellee.

Before RIVES, THORNBERRY and AINSWORTH, Circuit Judges.

PER CURIAM:

This petition under 28 U.S.C. § 2255 involves an appeal from a denial of a motion to vacate the sentence on the ground that appellant was mentally incompetent to stand trial and, because of this incompetency, his waiver of counsel and subsequent plea of guilty were not intelligently or voluntarily made. The motion was denied without a hearing, and the failure to hold a hearing is the principal issue involved. The requirement of a hearing on such a...

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