Edwin B. Butler v. United States

BREITENSTEIN, Circuit Judge.

Appellant was sentenced to three years imprisonment on his plea of guilty to a charge of violation of the Dyer Act, 18 U.S.C. § 2312. The district court treated confused and irregular filings by appellant as a motion for relief under 28 U.S.C. § 2255 and denied such relief without an evidentiary hearing. Appellant claims that the guilty plea was not entered voluntarily and that at the time of the plea he was mentally incompetent.

On the first appearance of appellant before the district court his appointed counsel told the court that appellant had a history of mental…