LEE v. UNITED STATES

No. 72-2086.

468 F.2d 906 (1972)

Robert Eugene LEE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 25, 1972.


Attorney(s) appearing for the Case

Norman B. Binns, Seattle, Wash., for petitioner-appellant.

Stan Pitkin, U. S. Atty., Thomas P. Giere, Asst. U. S. Atty., Seattle, Wash., for respondent-appellee.

Before MERRILL, CARTER and WRIGHT, Circuit Judges.


PER CURIAM:

Lee appeals from the denial of a motion to vacate sentence (28 U.S.C. § 2255). The district judge, who had also imposed sentence in 1968, conducted an evidentiary hearing, heard the testimony of appellant, and found that he had failed to sustain his burden of proving that he was incompetent when he pleaded guilty. We affirm.

Lee was represented by counsel when he pleaded guilty on October 1, 1968 to a charge of receiving currency stolen from...

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