Billy Ray Brewster v. United States

Billy Ray Brewster appeals from an order entered without a hearing, denying his motion, made under 28 U.S.C. § 2255 , to vacate his conviction and sentence on charges of forgery ( 18 U.S.C. § 495 ), and mail theft ( 18 U.S.C. § 1708 ).

Brewster was charged with fourteen counts of forgery and mail theft. On March 3, 1969, he appeared before the district court, at which time his counsel and Government counsel joined in a request that he be examined, pursuant to 18 U.S.C. § 4244 , to determine if he was then mentally competent to understand the proceedings and assist in his defense.

A psychiatrist was appointed and, over a period of about thirty days, Brewster was hospitalized for a psychiatric examination. On April 18, 1969, the psychiatrist reported that Brewster “is able to understand the charges which have been filed against him and he is fully able to assist and cooperate with his attorney,” despite the fact that he had some brain damage and was of “borderline intelligence.”

Brewster and his counsel appeared before the district court on May 5, 1969. After ascertaining that Brewster had no evidence to offer concerning his mental capacity at that time the court found, on the…