Raymond J. Fleming v. United States

OPINION OF THE COURT.

ALDRICH, Chief Judge.

Petitioner, Fleming, was convicted in 1964 of armed robbery and sentenced. At the time of sentencing his counsel suggested to the court that there should be a mental examination, but the court refused. Petitioner’s subsequent appeal did not pursue this subject, but went to the merits. It was unsuccessful, Fleming v. United States, 1 Cir., 1964, 332 F.2d 23, and petitioner is now confined. In June 1966, he sought to attack the judgment by a collateral proceeding under 28 U.S.C. sec. 2255. The district court dismissed the proceeding on June 20 as…