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HERNANDEZ-HERNANDEZ v. U.S.

No. 89-1882.

904 F.2d 758 (1990)

Arnaldo HERNANDEZ-HERNANDEZ, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 31, 1990.

Attorney(s) appearing for the Case

Gail S. Strassfeld, Boston, Mass., with whom Silverglate, Gertner, Fine & Good, Boston, Mass., were on brief, for petitioner, appellant.

Juan A. Pedrosa, San Juan, P.R., with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., and Jeanette Mercado Rios, Asst. U.S. Atty., Old San Juan, P.R., were on brief, for respondent, appellee.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Hernandez-Hernandez appeals from the denial of his motion under 28 U.S.C. § 2255 to set aside his guilty plea and vacate his 99-year sentence for the crime of conspiring to violate the rights of a federal witness. Appellant, who originally had pleaded not guilty, argues that the district judge who accepted his guilty plea and later denied his motion to vacate it erred in (1) failing to hold a competency hearing sua sponte...

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