United States v. McNicholas

THOMSEN, Chief Judge.

On March 28, 1958, defendant McNicholas, represented by able court-appointed counsel, entered a plea of guilty to an indictment charging bank robbery,1 was sentenced to imprisonment for a period of twenty years, and is now confined in Alcatraz. He has filed a motion to vacate sentence,2 alleging (1) that he “was mentally incompetent at the time of his plea of guilty and sentence due to the influence and the suffering of withdrawal symptoms from administration of a narcotic drug and was unable to intelligently cooperate with his attorney in his defense”, and (2) that he…