Albert Seidner v. United States

This is an appeal from the District Court’s denial, without hearing, of two motions, one for a new trial on the basis of newly discovered evidence, the other to vacate sentence under 28 U.S.C. § 2255. Neither motion alleged any ground upon which relief could be granted. Upon receiving a letter from appellant which indicated he was incarcerated in a mental institution run by the Bureau of Prisons and after examining the records, this court appointed a member of the bar as amicus curiae to file a memorandum. This memorandum raised for the first time a question as to whether appellant had been…