Gerald L. Stone v. United States

This is an appeal from a judgment dismissing a petition under 28 U.S.C.A. § 2255 without a hearing. We reverse.

On April 27, 1955, appellant, then 19, was indicted on charges of violating, on March 30 and 31 and April 8 of that year, 18 U.S.C.A. §§ 2113 (a) and 2113 (d), relating to bank robbery. Acting pursuant to 18 U.S.C.A. § 4244 the district court on May 9,1955, ordered appellant examined by a psychiatrist to determine whether he was mentally competent to stand trial. After a two-hour examination the psychiatrist concluded that he was. The court accepted appellant’s plea of guilty, and on June 30,1955, sentenced him to seventy years’ imprisonment, the maximum permitted for the offenses charged.

Appellant was initially committed to the custody of the Attorney General at the United States Penitentiary at McNeil Island, and later transferred to the United States Medical Center for Federal Prisoners at Springfield, Missouri, where he is still held.

In January 1959 appellant wrote the sentencing court questioning his own mental competency at the time of plea and sentencing. A formal motion under 28 U.S.C.A. § 2255 , based on this ground, was filed on appellant’s behalf on April…