UNITED STATES EX REL. CLARK v. GUY

Civ. A. No. 73-2083.

386 F.Supp. 1175 (1974)

UNITED STATES of America ex rel. John W. CLARK v. Charles S. GUY, United States Marshal for the Eastern District of Pennsylvania, and Louis S. Atych, Superintendent of Prisons for Philadelphia County.

United States District Court, E. D. Pennsylvania.

November 27, 1974.


Attorney(s) appearing for the Case

Mark D. Schaffer, Public Defender, Philadelphia, Pa., for plaintiff.

Robert N. deLuca, Asst. U. S. Atty., Philadelphia, Pa., for defendants.


MEMORANDUM

DITTER, District Judge.

John W. Clark was convicted of bank robbery and sentenced to 15 years imprisonment. Before me is his motion to vacate or set aside the sentence pursuant to 28 U.S.C. § 2255.

Clark alleges various grounds for relief: (a) his reprosecution after an earlier mistrial placed him in double jeopardy; (b) he was denied due process of law because the question of his capacity to commit the offense or competency to stand...

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