United States v. Donald Edward Donohoe

HILL, Circuit Judge.

The appeal is taken from an order denying a motion to modify a sentence pronounced in a criminal prosecution.

While being held in custody under a commissioner’s warrant for bank robbery, appellant waived proceedings by indictment and consented to prosecution by an information. An attorney to represent him had been appointed by the court prior to the waiver proceedings. On the same date the waiver was effected and prior to arraignment and plea, the court ordered Donohoe committed to the Springfield Medical Center for a mental examination. Subsequently, upon the basis of the…