United States v. Leroy Kendrick

This is an appeal from the District Court’s decision denying, after hearing, the petitioner’s motion under 28 U.S.C.A. § 2255 to vacate an illegal sentence on the grounds that the petitioner was incompetent to stand trial. The Government now concedes that this question is properly raised under 28 U.S.C.A. § 2255. Bishop v. United States, 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835 (1956), reversing per curiam, 96 U.S.App.D.C. 117, 223 F.2d 582 (1955); Fisher v. United States, 317 F.2d 352 (4 Cir. 1963); Nelms v. United States, 318 F.2d 150 (4 Cir. 1963).

The petitioner, who is forty-four years…