Brown v. United States
Decision Date | 26 May 1959 |
Docket Number | No. 17639.,17639. |
Citation | 267 F.2d 42 |
Parties | Jack Kenneth BROWN, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Jack Kenneth Brown, in pro. per.
Ralph Kennamer, U. S. Atty., Mobile, Ala., for appellee.
Before RIVES, CAMERON and JONES, Circuit Judges.
Proceeding under 28 U.S.C.A. § 2255, the appellant moved the district court to vacate and set aside a sentence which that court had imposed upon the appellant for several violations of 18 U.S.C.A. § 912, falsely assuming or pretending to be an officer or employee of the United States, and of 18 U.S.C.A. § 2314, transporting stolen goods, securities, or monies in interstate commerce, or articles used in counterfeiting. Appellant's motion claimed that the district court lacked jurisdiction to enter judgment and sentence because the defendant was de facto insane at the time of trial and conviction and was mentally incompetent to assist counsel in his defense. The motion further claimed that the defendant was insane at the time of the commission of the alleged offenses and could not distinguish between right and wrong.
A "Statement of the Case" filed in support of the motion reads as follows:
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