Scherk

The defendant has filed a petition under the provisions of Title 28 U.S.C. § 2255 , asking this Court to set aside a sentence of imprisonment against the defendant heretofore imposed by this Court. Defendant has also filed a petition for writ of habeas corpus ad testificandum asking that he be produced at the time of hearing on his motion for relief under Section 2255.

The petition sets out three claims for relief:

Since claims 2 and 3 refer to the same subject matter, namely, the petitioner’s mental condition at the time he entered his plea of guilty, they will be treated together as one claim. The petitioner places his greatest emphasis on the claim that he was mentally incompetent to enter a plea of guilty, and that therefore the sentence based on that plea should be set aside. Nowhere in his petition, or in any of the accompanying documents, does petitioner allege the nature of his illness, the nature of his mental condition prior to the time of the commission of the alleged offense, or prior to the time of the entry of his plea of guilty; nor does he make any allegation of the nature of his mental condition, or any treatment thereof, subsequent to his plea of guilty, and…