BELVIN v. UNITED STATES

No. 76-1245.

538 F.2d 1335 (1976)

Jerry A. BELVIN, Petitioner, v. UNITED STATES of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1976.

Rehearing Denied August 19, 1976.


Attorney(s) appearing for the Case

Daniel E. Wherry, U. S. Atty., Lincoln, Neb., and Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., for respondent.

Charles I. Scudder, Omaha, Neb., for petitioner.

Before GIBSON, Chief Judge, LAY and HENLEY, Circuit Judges.


PER CURIAM.

This is an appeal under 28 U.S.C. § 2255 from a denial by the United States District Court for the District of Nebraska, the Honorable Robert V. Denney presiding, of Jerry A. Belvin's petition to set aside his guilty plea. The only issue raised on appeal is the trial court's failure to hold an evidentiary hearing on petitioner's mental competency.

On December 14, 1973, a grand jury returned an indictment against the petitioner charging him...

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