Wheeler v. United States

MEMORANDUM OPINION AND ORDER

REGAN, District Judge.

For the third time petitioner seeks under Section 2255, 28 U.S.C., to vacate judgment and sentence. In his first motion, he alleged that he was mentally incompetent before, during and after his trial. We denied this motion without a hearing, there being no support whatever for petitioner’s conclusion respecting his alleged mental illness, 230 F.Supp. 988. After the order was affirmed (340 F.2d 119), petitioner filed a second 2255 motion, the material allegations of which related to petitioner’s conclusionary claim of mental incompetency prior…