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ARNOLD v. UNITED STATES

No. 169-70.

432 F.2d 871 (1970)

John Lee ARNOLD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

November 5, 1970.

Attorney(s) appearing for the Case

Douglas K. Dusenbury, of Martin, Porter, Pringle, Schell & Fair, Wichita, Kan., for appellant.

Ronald A. Ginsburg, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for appellee.

Before HILL and SETH, Circuit Judges, and THEIS, District Judge.

HILL, Circuit Judge.

Arnold pleaded guilty to bank robbery in January, 1967. Approximately three years later he filed a 28 U.S.C. § 2255 petition, alleging that the sentencing court failed to comply with Rule 11, F. R.Crim.P., 18 U.S.C.1 and that petitioner was mentally incompetent at plea time. After a full evidentiary hearing, the district court denied the petition and Arnold appeals.<...

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