WOLCOTT v. UNITED STATES

No. 9992.

407 F.2d 1149 (1969)

Robert John WOLCOTT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

March 11, 1969.


Attorney(s) appearing for the Case

Jerry G. Elliott, Wichita, Kan., for appellant.

Guy L. Goodwin, Wichita, Kan. (Benjamin E. Franklin, U. S. Atty., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS, BREITENSTEIN, HILL, SETH, HICKEY and HOLLOWAY, Circuit Judges.


MURRAH, Chief Judge.

Petitioner Wolcott pleaded guilty to two violations of the Dyer Act in March, 1966, and was duly sentenced. About eleven months later, he filed a § 2255 motion to set aside the sentence on the ground that he was not mentally competent to waive his constitutional rights and plead guilty. After a full evidentiary hearing, Judge Brown, the sentencing judge, found that Wolcott was mentally competent to plead guilty and denied relief. On this...

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