Sullivan v. United States

WEINFELD, District Judge.

This is an amended motion by Joseph J. Sullivan, the petitioner, pursuant to 28 U.S.C. § 2255, to vacate a judgment of conviction under which he was sentenced to imprisonment for eighteen years. The motion is two-pronged.

First, petitioner asks that the conviction be set aside without a hearing in a manner analogous to the granting of summary judgment in a civil action where there is no genuine dispute as to the material facts. Here the ground of attack is that he was put to trial, convicted and sentenced, notwithstanding that a psychiatric examination to determine his…