Carl Jess Hanson v. United States

This is an action by Carl Jess Hanson, a federal prisoner, for vacation of sentence under the provisions of 28 U.S.C. § 2255 (hereinafter referred to as § 2255). The District Court denied the motion without hearing and this appeal followed. We affirm.

The single ground relied on by the appellant in his petition for relief under § 2255, as filed in the court below, was that he “was mentally incompetent at the time of arraignment, pleading and sentence.”

The record discloses the following factual and procedural picture:

The appellant was indicted on January 6, 1965, on three counts charging three separate bank robberies. On the occasion of the initial court appearance, legal counsel was appointed for the accused. Counsel immediately moved for a psychiatric examination pursuant to 18 U.S.C. § 4244 (hereinafter referred to as § 4244). Such examination was ordered and one Dr. John D. Robuck, a psychiatrist, appointed to examine the defendant and report to the Court. Dr. Robuck’s report was filed on January 19, 1965, and contained the opinion that Hanson was mentally ill but not legally insane, that he understood the nature of the proceedings against him and that he was able to…