Isadore Smith v. United States

Appellant first brings on a motion that this action “be certified to the Supreme Court for its consideration of the Constitutional Issue.” We know of no authority authorizing us to require the Supreme Court to do anything. No authority for such procedure is cited in the motion. It is denied.

This is an appeal from an order of the court below, entered January 22, 1960, denying appellant relief under a § 2255 motion. The district court found appellant was mentally competent at the time of his previous conviction by a jury of the importation and concealment of marijuana in two counts. Appellant was sentenced to two consecutive five year terms on July 26, 1956.

Appellant’s original motion to vacate sentence on the ground of his mental incapacity at the time of trial was denied without a hearing on October 25, 1957. This court reversed for a hearing. Smith v. United States, 9 Cir., 267 F.2d 210 . There was then a hearing with Smith and two appointed counsel present, and two court appointed psychiatrists testified. The district court denied the motion on January 25, 1960. The court found that Smith was mentally ill at the time of his previous trial, but not sufficiently ill mentally…