Billy Ray Brewster v. United States

HAMLEY, Circuit Judge:

Billy Ray Brewster appeals from an order entered without a hearing, denying his motion, made under 28 U.S.C. § 2255, to vacate his conviction and sentence on charges of forgery (18 U.S.C. § 495), and mail theft (18 U.S.C. § 1708).

Brewster was charged with fourteen counts of forgery and mail theft. On March 3, 1969, he appeared before the district court, at which time his counsel and Government counsel joined in a request that he be examined, pursuant to 18 U.S.C. § 4244, to determine if he was then mentally competent to understand the proceedings and assist in his…