KEITH WEBB HAYES, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
PER CURIAM:
This is an appeal from the denial of a motion to vacate a judgment of guilty of the offense of bank robbery in violation of 18 U.S.C.A. § 2113(a).
Appellant contends that he was mentally incompetent when he waived counsel and pleaded guilty on September 20, 1962. As § 2255 sets in train the likelihood of the return of the prisoner for a hearing and the Court has a right to require some specific facts regarding the claimed prior mental history, background, or incidents of aberration to support the conclusory allegations, the district court was correct in its denial of this motion without an evidentiary hearing. McCaffrey v. United States, 5 Cir., 1964, 328 F. 2d 606; Wheeler v. United States, 8 Cir., 1965, 340 F. 2d 119; Hartman v. United States, 6 Cir., 1962, 310 F. 2d 447; Santos v. United States, 1 Cir., 1962, 305 F. 2d 372; and Bishop v. United States, 96 U.S.App.D.C. 117, 223 F. 2d 582 (1955), vacated and remanded, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835 (1956), is not to the contrary.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Payne v. United States, 539 F.2d 443 (5th Cir. 1976)
Authorities Cited
- V. P. Serodino, Inc. v. United States, 350 U.S. 961 (U.S. 1956)
- Bishop v. United States, 223 F.2d 582 (D.C. Cir. 1955)
- Sterling v. Local 438, 350 U.S. 961 (U.S. 1956)
- Glendel D. Wheeler v. United States, 340 F.2d 119 (8th Cir. 1965)
- Marcelino Navedo Santos v. United States, 305 F.2d 372 (1st Cir. 1962)
- Raphael K. Hartman v. United States, 310 F.2d 447 (6th Cir. 1962)
- McCAFFREY v. United States, 328 F.2d 606 (5th Cir. 1964)