Joseph H. Milani v. United States

DUFFY, Circuit Judge.

Petitioner is presently confined in a federal penitentiary under sentence by the United States District Court for the Eastern District of Illinois, Judge William G. Juergens, presiding.

At this trial, petitioner was represented by able counsel. Neither petitioner nor his then counsel urged or suggested that petitioner was mentally incompetent at the time of the trial.

Thereafter, petitioner filed a motion under 28 U.S.C. § 2255. In the motion he alleged he was mentally incompetent during the trial. He also filed an affidavit that “about December 3, 1952” he was committed…