United States v. Frank Markoe Sibley

I. PROCEEDINGS BELOW

Sibley hijacked a United Airlines airplane at Reno, Nevada, on August 18, 1972. After flying to Vancouver, British Columbia, the aircraft was flown to Seattle, Washington, where Sibley was shot and apprehended. Sibley was charged with air piracy ( 49 U.S.C. § 1472 (i)) and was convicted by a jury of the charge on October 18, 1972. After sentencing, Sibley appealed his conviction and instituted another action seeking relief under 28 U.S.C. § 2255 . On January 7, 1977, this court in a memorandum decision reversed Sibley’s conviction, finding that there was substantial evidence that the defendant may have been “mentally incompetent to stand trial” and that the trial court “should have conducted an evidentiary hearing.” United States v. Sibley, 549 F.2d 810 (unpublished memorandum, 9th Cir., 1977). Sibley’s appeal from the denial of § 2255 relief was dismissed on January 7, 1977, as well. Sibley v. United States, 549 F.2d 808 (unpublished order of dismissal, 9th Cir., 1977). A new indictment charging Sibley with air piracy (49 U.S.C. 1472(i)) was returned on June 7, 1977. After delays which were in part caused by Sibley’s health problems, Sibley went to trial…