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Harris v. United States

United States Court of Appeals, Fifth Circuit
Apr 19, 1963
316 F.2d 229 (5th Cir. 1963)

Opinion

No. 20402.

April 19, 1963.

James J. Laughlin, Washington, D.C., for appellant.

Lloyd G. Bates, Jr., Asst. U.S. Atty., Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, and JONES and BELL, Circuit Judges.


Appellant, pursuant to 28 U.S.C.A. § 2255, moved to set aside a judgment of conviction entered on February 9, 1960. This judgment had been affirmed; Harris v. United States, 5 Cir., 1960, 285 F.2d 85, and certiorari denied, 368 U.S. 820, 82 S.Ct. 38, 7 L.Ed.2d 26. The motion was based on the proposition that appellant was suffering from a mental disorder at the time of his trial to the extent that he was not able to understand the charges against him, and was incompetent to assist counsel in his own defense.

The District Court, after a full hearing and with appellant present, denied the motion. The record amply sustains the findings of fact and conclusions of law embraced in the well reasoned opinion rendered in support of the order of denial. It follows that the judgment appealed from should be and is

Affirmed.


Summaries of

Harris v. United States

United States Court of Appeals, Fifth Circuit
Apr 19, 1963
316 F.2d 229 (5th Cir. 1963)
Case details for

Harris v. United States

Case Details

Full title:Elmer M. HARRIS, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 19, 1963

Citations

316 F.2d 229 (5th Cir. 1963)

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