McLean v. United States

Second Circuit

McLean v. United States

451 F.2d 358

CourtCourt of Appeals for the Second Circuit

DecidedNovember 16, 1971

DocketNo. 79, Docket 71-1215

StatusPublished

Cited by1 cases

This text of 451 F.2d 358 (McLean v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McLean v. United States, 451 F.2d 358 (2d Cir. 1971).

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Opinion

PER CURIAM:

Kevin McLean, convicted and sentenced after jury trial in the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, appeals from denial by Judge Wyatt without a hearing of his petition for vacation of sentence under 28 U.S.C. § 2255. We find no error and affirm the judgment.

The petition, based on a claim of incompetence, set forth no matter not already considered by the court at the time of the criminal trial. Prior to the trial a hearing was had, at which McLean’s wife testified. The court also required a psychiatric examination and report. Neither McLean’s counsel nor McLean requested an additional hearing at the time. Denial of relief under section 2255 without further hearing was proper under the circumstances. Judgment affirmed.

A “motion for vacation of sentence by default of respondent” filed August 31, 1971 is denied, respondent’s brief having been filed August 27, 1971.

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PER CURIAM:

Kevin McLean, convicted and sentenced after jury trial in the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, appeals from denial by Judge Wyatt without a hearing of his petition for vacation of sentence under 28 U.S.C. § 2255. We find no error and affirm the judgment.

The petition, based on a claim of incompetence, set forth no matter not already considered by the court at the time of the criminal trial. Prior to the trial a hearing was had, at which McLean’s wife testified. The court also required a psychiatric examination and report. Neither McLean’s counsel nor McLean requested an additional hearing at the time. Denial of relief under section 2255 without further hearing was proper under the circumstances. Judgment affirmed.

A “motion for vacation of sentence by default of respondent” filed August 31, 1971 is denied, respondent’s brief having been filed August 27, 1971.

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451 F.2d 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclean-v-united-states-ca2-1971.

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