Roger Marcel Callahan v. United States

This is an appeal from an order denying without hearing a motion to set aside a judgment of conviction under 28 U.S. C.A. § 2255.

Appellant alleges that at the time he was tried, he was a fugitive from a state mental institution and was not mentally competent to enter a plea of guilty. It is apparent that the trial court sought to the best of its ability with the appellant before it ready to plead guilty to determine whether appellant was of sound mind. No plea raising the issue of sanity was before the court. Appellant pleaded guilty. Of course, appellant’s statement to the trial court that…