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FIGUEROA-VAZQUEZ v. UNITED STATES

No. 82-1948.

718 F.2d 511 (1983)

Angel R. FIGUEROA-VAZQUEZ, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 13, 1983.

Attorney(s) appearing for the Case

John M. Garcia, Hato Rey, P.R. by appointment of the Court, for petitioner, appellant.

Lydia Lizarribar, Asst. U.S. Atty., Hato Rey, P.R., with whom Daniel F. Lopez Romo, U.S. Atty., Hato Rey, P.R., was on brief, for respondent, appellee.

Before COFFIN, Circuit Judge, FAIRCHILD, Senior Circuit Judge, and BREYER, Circuit Judge.

BREYER, Circuit Judge.

Appellant, Figueroa-Vazquez, was indicted for bank robbery. 18 U.S.C. § 2113(d). He pleaded not guilty at his arraignment before a federal magistrate on February 23, 1978. In district court, on March 30, 1978, he changed his plea to guilty, and he was sentenced to serve fifteen years in prison. Subsequently, he moved to vacate his sentence, see 28 U.S.C. § 2255, on the ground that he had not been mentally competent when he changed...

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