Joe Aragon Martinez v. United States

Martinez appeals from denial of relief under 28 U.S.C. § 2255. In 1966, he was convicted under a two-count indictment charging violations of 26 U.S.C. §§ 4742(a) and 4744(a). The conviction was affirmed in Martinez v. United States, 373 F.2d 810 (10th Cir. 1967).

Martinez alleged in his motion that he was mentally incompetent at the time of his trial in May, 1966. The district court properly ordered an evidentiary hearing, see Butler v. United States, 361 F.2d 869 (10th Cir. 1966), to determine whether, at the time of his trial, movant had “sufficient -present ability to consult with his…