Gilbert Delgado v. United States

Petitioner, Gilbert Delgado, after making two prior applications under Section 2255, Title 28 U.S.C., which applications were denied by the District Court of the Southern District of California, filed a third petition upon a different ground in that Court under Section 2255, entitled Motion to Vacate and Set Aside the Illegal Sentence. In this motion petitioner alleged as follows:

“Your petitioner was mentally incompetent at the time of the trial, having no mental capacity to understand proceeding, and to rationally advise with his counsel as to his defense.”

No detailed specifications of fact…