Cason v. United States, 6931.

Decision Date11 March 1955
Docket NumberNo. 6931.,6931.
Citation220 F.2d 510
PartiesWalter C. CASON, Appellant, v. UNITED STATES of America, Appellee.
CourtU.S. Court of Appeals — Fourth Circuit

Walter C. Cason, pro se, on the brief.

Richard R. Ryder, Asst. U. S. Atty., Richmond, Va. (L. S. Parsons, Jr., U.S. Atty., Norfolk, Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

Writ of Certiorari Denied June 6, 1955. See 75 S.Ct. 899.


This is an appeal from an order denying a motion under 28 U.S.C. § 2255 to vacate and set aside a sentence of imprisonment. Appellant contends that the sentence should be set aside because the trial judge did not cause inquiry to be made as to defendant's sanity before accepting a plea of guilty and imposing sentence upon him. It appears, however, that counsel was duly assigned appellant before entry of the plea and that no question was raised on the hearing as to appellant's sanity. This being true, we do not think that appellant is entitled to relief under the petition which he has filed. If certificate should be made by the Director of the Bureau of Prisons pursuant to 18 U.S.C. § 4245, that there is probable cause to believe, after examination as therein provided, that appellant was mentally incompetent at the time of his trial, relief could be afforded him in accordance with the provisions of that section; but no such case is before us here.


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11 cases
  • Nelms v. United States
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • May 10, 1963
    ...that it was not necessary to decide the instant case upon either of the points raised by the United States because Cason v. United States, 220 F.2d 510 (4th Cir. 1955), was controlling. In Cason this court held that where counsel had been duly assigned prisoner and where no question was rai......
  • Bistram v. United States
    • United States
    • U.S. District Court — District of South Dakota
    • February 8, 1960
    ...and sentence affirmed without written opinion, on authority of Gordon v. United States, 10 Cir., 250 F.2d 676." In Cason v. United States, 4 Cir., 1955, 220 F.2d 510, certiorari denied 349 U.S. 966, 75 S.Ct. 899, 99 L.Ed. 1287, the Court held that petitioner was not entitled to a hearing un......
  • United States v. Lawrenson
    • United States
    • U.S. District Court — District of Maryland
    • October 25, 1962
    ...U.S.App.D.C. 117, 223 F.2d 582, reversed on other grounds 350 U.S. 961, 76 S.Ct. 440, 100 L.Ed. 835 (1955). See also Cason v. United States, 4 Cir., 220 F.2d 510 (1955). At his trial, Lawrenson was represented by able court-appointed counsel but neither he nor his counsel ever suggested tha......
  • Fisher v. United States
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • May 10, 1963 true this this ruling is, as the United States Attorney argues, in accord with an earlier decision of this court, Cason v. United States, 220 F.2d 510 (4th Cir. 1955), we had occasion this term to reconsider that decision and concluded, following Bishop v. United States, 350 U.S. 961, 76......
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