MALINAUSKAS v. UNITED STATES

No. 74-1256.

505 F.2d 649 (1974)

Joseph V. MALINAUSKAS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 1974.


Attorney(s) appearing for the Case

Gregory A. Presnell, Orlando, Fla. (Court-appointed), for petitioner-appellant.

Jeffry Jontz, Robert Leventhal, Asst. U. S. Atty., Orlando, Fla., for defendant-appellee.

Before BROWN, Chief Judge, and AINSWORTH and DYER, Circuit Judges.


AINSWORTH, Circuit Judge:

Joseph V. Malinauskas, appellant, unsuccessfully sought relief in the District Court under 28 U.S.C. § 2255, contending that his prior guilty plea of having violated the federal bank robbery statute, 18 U.S.C. § 2113, was invalid upon essentially two grounds: (1) that he was mentally incompetent to plead guilty; and (2) that he was under the influence of drugs at the time of the plea.1

This appeal...

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