Ralph Bryan Ellison v. United States

Appellant is here for the third time seeking relief from a sentence imposed for narcotic violations. See Ellison v. United States, 10 Cir., 263 F.2d 395, and Ellison v. United States, 10 Cir., 283 F.2d 489, certiorari denied 365 U.S. 885, 81 S.Ct. 1038, 6 L.Ed.2d 196. The present proceeding under 28 U.S.C. § 2255 is based on the previously unasserted claim that the appellant was mentally incompetent at the time of his plea of guilty. The trial court denied relief without a hearing.

Whatever doubt may have existed after Bishop v. United States, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835, and…