ESKEW v. UNITED STATES

No. F-165-Civ. Misc.

383 F.Supp. 499 (1974)

Donald Jackson ESKEW, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, E. D. California.

June 25, 1974.


Attorney(s) appearing for the Case

Stephen S. Carlton, Fresno, Cal., for petitioner.

Anthony P. Capozzi, Asst. U. S. Atty., Fresno, Cal., for respondent.


JUDGMENT

CROCKER, District Judge.

Petitioner filed an in forma pauperis motion under 28 U.S.C. § 2255 seeking to set aside his 1970 conviction for violating 18 U.S.C. § 2113(a)—bank robber. Petitioner alleges that he was mentally incompetent at the time of his trial. This Court, without holding a hearing, concluded that petitioner was competent to stand trial.

On appeal the Circuit Court held that "the record does raise a reasonable...

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