Lawrence Ernest Pasta v. United States

433 F.2d 1312

Opinion

PER CURIAM:

This appeal is from the dismissal by the trial court of a motion under Section 2255, Title 28 U.S.C.A. to vacate sentence without holding an evidentiary hearing. It clearly appearing that, at the time of sentencing, there was sufficient evidence of appellant’s mental incapacity to require a hearing by the trial court, the judgment is reversed and the case is remanded for the holding of a hearing on the question of appellant’s mental capacity to intelligently waive aid of counsel and to understanding^ enter a plea of nolo contendere.