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UNITED STATES v. MIRANDA

No. 366, Docket 34750.

437 F.2d 1255 (1971)

UNITED STATES of America, Respondent-Appellee, v. Raymond MIRANDA, Petitioner-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 5, 1971.

Attorney(s) appearing for the Case

Judson A. Parsons, New York City, for petitioner-appellant.

Bobby C. Lawyer, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty. for the Southern District of New York, John W. Nields, Jr., Asst. U. S. Atty., of counsel), for respondent-appellee.

Before LUMBARD, Chief Judge, and MOORE and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

This is an appeal from an order entered in the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, denying, without a hearing, a motion made pursuant to 28 U.S.C. § 2255 to set aside appellant's guilty plea and sentence for violations of the federal narcotics laws on the ground that he was mentally incompetent at the time he pleaded guilty. The appellant also contends that the district court...

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