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HEARD v. UNITED STATES

No. 20325.

390 F.2d 866 (1968)

Chrisp HEARD, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 7, 1968.

Attorney(s) appearing for the Case

Mr. William H. Allen, Washington, D. C., with whom Mr. Peter J. Nickles, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Theodore Wieseman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Miss Judith Ann Wilson, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, BASTIAN, Senior Circuit Judge, and LEVENTHAL, Circuit Judge.

PER CURIAM:

Appellant was convicted of narcotics offenses in 1963. On direct appeal, this court affirmed the conviction, with one judge dissenting. Heard v. United States, 121 U.S.App.D.C. 37, 348 F.2d 43 (1965). A petition for rehearing en banc was denied, with four judges dissenting.

In 1966 appellant moved to vacate sentence under 28 U.S.C. § 2255. He contended that (1) the trial judge erred in not holding a competency...

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