Jacinto Serna Trujillo v. United States

This is an appeal from an order denying a petition for posteonviction relief which was filed pursuant to 28 U.S.C. § 2255 . Petitioner was found guilty by a jury of two counts charging violations of 21 U.S.C. § 174 . No appeal was taken from the judgment of conviction or imposition of sentence. Three years later the present § 2255 petition was filed asserting “that petitioner was insane during the course of the criminal proceedings, being mentally incompetent so as to render him unable to properly assist counsel in his own defense.”

While some factual allegations were recited in the petition the trial court found them insufficient to support the conclusory allegation that petitioner was insane at the time of trial, and we agree. There is no allegation that either petitioner or his attorney ever called to the attention of the trial court that petitioner was not mentally competent to assist in the conduct of his trial or to understand the nature of the proceedings. No affidavits or supporting documents were filed. The court thereupon denied the petition as being insufficient on its face, but granted petitioner thirty days in which to amend the petition and directed that he file…