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UNITED STATES v. MASTHERS

No. 74-1602.

539 F.2d 721 (1976)

UNITED STATES of America v. Johnnie MASTHERS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1976.

Rehearing Denied June 15, 1976.

Attorney(s) appearing for the Case

Arthur Lowy, Washington, D. C. (appointed by this Court) with whom Nathan Rubinstein, was on the brief for appellant.

Robert Plotkin, Washington, D. C., and Paul Friedman for the Mental Health Law Project as amicus curiae.

Edward C. McGuire, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Stuart M. Gerson and David M. Bullock, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before BAZELON, Chief Judge, HASTIE, Senior Circuit Judge for the Third Circuit and ROBB, Circuit Judge.

Opinion filed by Chief Judge BAZELON.

Concurring opinion filed by Circuit Judge HASTIE.

Dissenting opinion filed by Circuit Judge ROBB.

Rehearing En Banc Denied June 15, 1976.

BAZELON, Chief Judge:

These motions to vacate a plea of guilty (28 U.S.C. § 2255) and to withdraw the plea (Rule 32(d) of the Federal Rules of Criminal Procedure) are based on appellant's claim of incompetence at the time the plea was entered. Since we find...

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