Norman E. Smith v. United States

I agree with the dissenting opinion of Judge MILLER, and think the following additional reasons indicate that the judgment of the District Court should be affirmed.

Even were it correct to treat appellant’s motion as one filed under § 2255— and for reasons set forth in Judge Miller’s opinion I do not think it should be so treated — the motion should be overruled.

The trial court held that the facts set forth in the motion were insufficient to warrant a finding that there might be probable cause to believe appellant had been mentally incompetent to stand trial, and also held that it was not…