Robert Ward Norman, Appellant, v. United States of America, Appellee, 276 F.2d 377 (9th Cir. 1960)

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US Court of Appeals for the Ninth Circuit - 276 F.2d 377 (9th Cir. 1960) March 17, 1960

Edmund L. Regalia, Dick Ivan Oberholtzer, San Francisco, Cal., for appellant.

Laughlin E. Waters, U.S. Atty., Robert John Jensen, Minoru Inadomi, Asst. U.S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS, BONE and HAMLEY, Circuit Judges.


The court is of the opinion that the trend of recent Supreme Court cases as interpreted here requires that appellant now be given a hearing on the merits of his contention that he was not competent mentally at the time of his plea and sentence. Accordingly, the order of the district court dated May 4, 1959, is vacated and the cause remanded.