William Bernard McKinney v. United States

OPINION

DUNIWAY, Circuit Judge:

On September 10, 1968, McKinney was convicted by a judge sitting without a jury under three counts of violating federal narcotics laws. 21 U.S.C. § 176a and 26 U.S.C. § 4742(a). After being sentenced to concurrent terms of five years on each count, McKinney appealed to this court and his conviction was affirmed. United States v. McKinney, 9 Cir., 1970, 433 F.2d 921. On May 5, 1972, McKinney filed a motion under 28 U.S.C. § 2255 alleging that at the time of his trial he was insane as a matter of law and therefore not competent to stand trial. The district court…