JOHNSTON

v.

UNITED STATES

Citator

Cited By

• United States v. Armone, 363 F.2d 385 (2d Cir. 1966)
  …ted, however, that not infrequently competence to stand trial is determined after the fact or nunc pro tuno. E. g., United States v. Tom, 340 F. 2d 127 (2d Cir. 1965) (per curiam) ; .Johnston v. United States, 292 F. 2d 51 (10th Cir.), cert. denied, 368 U.S. 906, 82 S.Ct. 186, [*403] 7 L.Ed.2d 100 (1961) ; Wells v. United States, 99 U.S.App.D.C. 310, 239 F. 2d 931 (1956) (per curiam) ; see 18 U.S.C. § 4245. . It should be noted that defendant Alfred Armone, who was represented by the same counsel and recei…
• Jackson v. United States, 353 F.2d 862 (D.C. Cir. 1965)
  …test in appeals from proceedings under 28 U.S.C. § 2255. E.g., Nichols v. United States, 5 Cir., 325 F. 2d 716 (1963), cert. denied, 377 U.S. 970, 84 S.Ct. 1651, 12 L.Ed.2d 739 (1964); Johnston v. United States,, 10 Cir., 292 F. 2d 51, cert. denied, 368 U.S. 906, 82 S.Ct. 186, 7 L.Ed.2d 100 (1961); Bayken v. United States, 6 Cir., 272 F. 2d 186 (1959); Hearn v. United States, 7 Cir., 194 F. 2d 647, cert. denied, 343 U.S. 968, 72 S.Ct. 1064, 96 L.Ed. 1364 (1952). . This classic formulation of the test, enun…
• Armour Bailey v. United States, 312 F.2d 679 (10th Cir. 1963)
  …t and sentence of the Court should not now be pronounced upon you?” Bailey answered, “No, sir.” He was then sentenced to the custody of the Attorney General for a period of 15 years. In Johnston v. United States, 10 Cir., 303 F. 2d 343, cert. denied 368 U.S. 906, 82 S.Ct. 186, 7 L.Ed.2d 100, this court held, in a similar situation, that there was substantial compliance with' Rule 32(a), and that the failure of the: court to follow the formal requirements; of that rule was not of itself an errorthat could be…