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NEWFIELD v. UNITED STATES

No. 77, Docket 77-2036.

565 F.2d 203 (1977)

Edward W. NEWFIELD, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 19, 1977.

Attorney(s) appearing for the Case

David J. Gottlieb, The Legal Aid Society, Federal Defender Services Unit, New York City (William J. Gallagher, Martin Erdmann, The Legal Aid Society, Federal Defender Services Unit, New York City, of counsel), for petitioner-appellant.

Eugene Welch, Asst. U. S. Atty., W. D. N. Y., Rochester, N. Y. (Richard J. Arcara, U. S. Atty., W. D. N. Y., Rochester, N. Y., of counsel), for respondent-appellee.

Before LUMBARD, OAKES and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from orders entered in the United States District Court for the Western District of New York, Harold P. Burke, Judge, denying without hearings appellant Edward W. Newfield's "next friend" and pro se motions made pursuant to 28 U.S.C. § 22551 to vacate his bank robbery conviction on the ground that he was mentally incompetent to stand trial. Appellant Newfield also contends that...

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