James Lowell Rose v. United States

On this appeal we are required to determine whether the district court erred in denying, without a hearing, petitioner-appellant’s 1 motion pursuant to 28 U.S.C. § 2255 to vacate a sentence imposed upon him by the district court. The primary thrust of petitioner’s 2255 motion is that he was mentally incompetent when he pleaded guilty in December of 1969 to a violation of 18 U.S.C. § 2114, assault on a person having lawful custody of United States mail or other government property, with intent to rob or steal such mail or property. In denying the 2255 motion, Chief Judge James H. Meredith, of…