Legal Opinion
United States v. Charles Gregory Cannon
Court of Appeals for the Second Circuit
Decided December 7, 1962No. 27640_1PublishedCited by 11 opinions
1Opinion of the Court
MOORE, Circuit Judge.
This is an appeal from an order of the District Court denying without a hearing a motion to vacate sentence pursuant to 28 U.S.C.A. § 2255 1 on the grounds that the defendant was not mentally competent at the time of his trial. The District Court denied the application under § 2255 without prejudice to petitioner’s rights to proceed under 18 U.S. C.A. § 4245 2 and to renew his application under § 2255 upon an adequate showing that certification under § 4245 had not issued. Thus the question presented is whether a prisoner must initially seek a certification of his…
2Cases cited13 opinions
- Edward B. Bishop v. United StatesCourt of Appeals for the D.C. Circuit · 1955
- Gene A. Krupnick v. United StatesCourt of Appeals for the Eighth Circuit · 1959
- Jonathan Gregori v. United StatesCourt of Appeals for the Fifth Circuit · 1957
- Charles Catalano v. United StatesCourt of Appeals for the Second Circuit · 1962
- Norman Lee Pledger v. United StatesCourt of Appeals for the Fourth Circuit · 1959
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. Larry KnohlCourt of Appeals for the Second Circuit · 1967
- United States v. Leroy KendrickCourt of Appeals for the Fourth Circuit · 1964
- Bobby Gene Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1965
- Herman Edward Nelms v. United StatesCourt of Appeals for the Fourth Circuit · 1963
- Mirra v. United StatesDistrict Court, S.D. New York · 1966
6 more not listed; retrieve them via the Exa API.