United States v. James Ronald Shelton

Appellant was convicted, following a non-jury trial, of the illegal importation of heroin, in violation of 21 U.S.C. § 174 , and on July 28, 1969 was sentenced to five years imprisonment. On August 11, 1969 an appeal was taken from the judgment of conviction.

In June, 1970, while the appeal was pending, appellant, acting pro se, filed a motion for a new trial, claiming ineffective assistance of counsel and an insanity defense under an application of the test of criminal responsibility announced in Wade v. United States, 9 Cir. 1970, 426 F.2d 64 , decided subsequent to appellant’s conviction.

On July 9, 1970 the district court denied the motion for a new trial, stating, inter alia, that there Was “no newly discovered evidence which can form the basis of a new trial” and that any question of law which might be a basis for a new trial could not be considered while the appeal was pending. The court noted also that “all of the facts and circumstances negate the appropriateness of an insanity plea.”

On August 17, 1970 appellant filed a petition for rehearing, which was denied in an order entered February 25, 1971, the court noting that the petition contained no new matter. This…