Walter C. Cason v. United States

Fourth Circuit

Walter C. Cason v. United States

220 F.2d 510

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 6, 1955

Docket6931_1

StatusPublished

Cited by12 cases

This text of 220 F.2d 510 (Walter C. Cason v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walter C. Cason v. United States, 220 F.2d 510 (4th Cir. 1955).

Pincite

Opinion

PER CURIAM.

This is an appeal from an order denying a motion under 28 U.S.C. § 2255 to vacate and set aside a sentence of imprisonment. Appellant contends that the sentence should be set aside because the trial judge did not cause inquiry to be made as to defendant’s sanity before accepting a plea of guilty and imposing sentence upon him. It appears, however, that counsel was duly assigned appellant before entry of the plea and that no question was raised on the hearing as to appellant’s sanity. This being true, we do not think that appellant is entitled to relief under the petition which he has filed. If certificate should be made by the Director of the Bureau of Prisons pursuant to 18 U.S.C. § 4245, that there is probable cause to believe, after examination as therein provided, that appellant was mentally incompetent at the time of his trial, relief could be afforded him in accordance with the provisions of that section; but no such case is before us here.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from an order denying a motion under 28 U.S.C. § 2255 to vacate and set aside a sentence of imprisonment. Appellant contends that the sentence should be set aside because the trial judge did not cause inquiry to be made as to defendant’s sanity before accepting a plea of guilty and imposing sentence upon him. It appears, however, that counsel was duly assigned appellant before entry of the plea and that no question was raised on the hearing as to appellant’s sanity. This being true, we do not think that appellant is entitled to relief under the petition which he has filed. If certificate should be made by the Director of the Bureau of Prisons pursuant to 18 U.S.C. § 4245, that there is probable cause to believe, after examination as therein provided, that appellant was mentally incompetent at the time of his trial, relief could be afforded him in accordance with the provisions of that section; but no such case is before us here.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

220 F.2d 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-c-cason-v-united-states-ca4-1955.

Opinion

Related

Cite This Page — Counsel Stack