Kenneth Lee Grill v. United States

Fifth Circuit

Kenneth Lee Grill v. United States

363 F.2d 32, 1966 U.S. App. LEXIS 5552

CourtCourt of Appeals for the Fifth Circuit

DecidedJuly 8, 1966

Docket23267

StatusPublished

Cited by1 cases

This text of 363 F.2d 32 (Kenneth Lee Grill v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kenneth Lee Grill v. United States, 363 F.2d 32, 1966 U.S. App. LEXIS 5552 (5th Cir. 1966).

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Opinion

PER CURIAM:

Appellant moved to vacate sentences under 28 U.S.C.A. § 2255. On a total of seven counts charging fraud by mail, Appellant pleaded guilty to each and was sentenced thereunder. By his § 2255 motion he alleges that he was mentally incompetent at the time of his guilty plea.

The District Court denied relief noting that in June 1964 Appellant was found mentally competent to stand trial in a judicial proceeding under 18 U.S.C.A. § 4244, and that Appellant’s subsequent plea of guilty was freely and voluntarily made. The petition made no factual showing that Appellant’s mental condition had changed between the date of the judicial hearing and the filing of the present motion. The record fully supports the District Court’s action, and, accordingly it is affirmed.

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PER CURIAM:

Appellant moved to vacate sentences under 28 U.S.C.A. § 2255. On a total of seven counts charging fraud by mail, Appellant pleaded guilty to each and was sentenced thereunder. By his § 2255 motion he alleges that he was mentally incompetent at the time of his guilty plea.

The District Court denied relief noting that in June 1964 Appellant was found mentally competent to stand trial in a judicial proceeding under 18 U.S.C.A. § 4244, and that Appellant’s subsequent plea of guilty was freely and voluntarily made. The petition made no factual showing that Appellant’s mental condition had changed between the date of the judicial hearing and the filing of the present motion. The record fully supports the District Court’s action, and, accordingly it is affirmed.

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Bluebook (online)

363 F.2d 32, 1966 U.S. App. LEXIS 5552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-lee-grill-v-united-states-ca5-1966.

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