MIRANDA v. UNITED STATES

No. 69 Civ. 1575.

330 F.Supp. 1002 (1971)

Raymond MIRANDA, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

August 27, 1971.


Attorney(s) appearing for the Case

Judson A. Parsons, Jr., New York City, for petitioner; Frank M. Headley, Jr., New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., for respondent; Bobby C. Lawyer, Asst. U. S. Atty., of counsel.


WYATT, District Judge.

This is the decision, after a hearing, of a motion by Miranda to vacate and set aside a sentence imposed on him on September 26, 1968. 28 U.S.C. § 2255. The sentence was imposed after a plea of guilty to a one count indictment charging movant and Antonio Rivera with the receipt, concealment, etc. of some 64 grams of heroin. The sentence was imprisonment for 6 years.

The ground for this motion is that Miranda was mentally incompetent...

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