MARTINEZ v. UNITED STATES

No. 243-69.

423 F.2d 479 (1970)

Joe Aragon MARTINEZ, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 30, 1970.


Attorney(s) appearing for the Case

Winton M. Hinkle, Wichita, Kan., for appellant.

John A. Babington, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and HOLLOWAY, Circuit Judges.


PER CURIAM.

Martinez appeals from denial of relief under 28 U.S.C. § 2255. In 1966, he was convicted under a two-count indictment charging violations of 26 U.S.C. §§ 4742(a) and 4744(a). The conviction was affirmed in Martinez v. United States, 373 F.2d 810 (10th Cir. 1967).

Martinez alleged in his motion that he was mentally incompetent at the time of his trial in May, 1966. The district court properly ordered...

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