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MOORE v. UNITED STATES

No. 72-1190.

464 F.2d 663 (1972)

Bernie MOORE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

As Modified August 18, 1972.

Attorney(s) appearing for the Case

Bernie Moore, in pro per.

William D. Keller, U. S. Atty., Earl E. Boyd, Eric A. Nobles, Asst. U. S. Attys., Los Angeles, Cal., for respondent-appellee.

Before BROWNING, HUFSTEDLER and WRIGHT, Circuit Judges.

PER CURIAM:

Moore appeals from a district court order dismissing his application for section 2255 relief. Moore claimed that his 1968 guilty plea to a violation of 18 U. S.C. § 2113(a) should be set aside because he was mentally incompetent when his plea was taken.

The district court dismissed the application for two reasons: (1) Moore waived his claim for relief on the ground here asserted because he had not

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