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ROSE v. UNITED STATES

No. 73-1760.

513 F.2d 1251 (1975)

James Lowell ROSE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 7, 1975.

Attorney(s) appearing for the Case

Larry J. Mullins, St. Louis, Mo., for appellant.

Richard Coughlin, Asst. U. S. Atty., St. Louis, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, and HEANEY and WEBSTER, Circuit Judges.

PER CURIAM.

On this appeal we are required to determine whether the district court erred in denying, without a hearing, petitioner-appellant's1 motion pursuant to 28 U.S.C. § 2255 to vacate a sentence imposed upon him by the district court. The primary thrust of petitioner's 2255 motion is that he was mentally incompetent when he pleaded guilty in December of 1969 to a violation of 18 U.S.C. § 2114, assault on a person having...

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