Collier Lee Smith v. United States

Petitioner appeals from the denial of his motion to vacate sentence under 28 U.S.C. § 2255 (1964). He had pleaded guilty to escaping from the United States Public Health Service Hospital at Lexington, Kentucky in violation of 42 U.S.C. § 261(b) (1964). He was sentenced to five years in the federal penitentiary to be served consecutively to a then current four-year sentence. He claimed before the United States District Judge and now claims before us that his sentence for escape should be set aside because the District Judge was put on notice that he was mentally incompetent to stand trial and…