Bernie Moore v. United States

Moore appeals from a district court order dismissing his application for section 2255 relief. Moore claimed that his 1968 guilty plea to a violation of 18 U. S.C. § 2113(a) should be set aside because he was mentally incompetent when his plea was taken.

The district court dismissed the application for two reasons: (1) Moore waived his claim for relief on the ground here asserted because he had not presented the claim on an earlier section 2255 petition; and (2) Moore’s “mental competence was the subject of psychiatric investigation, a hearing, and judicial determination before his plea was…