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Patterson v. United States

United States Court of Appeals, Fifth Circuit
Nov 9, 1973
487 F.2d 341 (5th Cir. 1973)

Summary

holding that Rule 52(b) applies to factual determinations in 28 U.S.C. § 2254 proceedings in the district court

Summary of this case from Fleming v. Kemp

Opinion

No. 73-2788. Summary Calendar.

Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.

November 9, 1973.

Thomas A. Deas, Mobile, Ala., Court-Appointed, for petitioner-appellant.

Charles S. White-Spunner, U.S. Atty., Irwin W. Coleman, Jr., Asst. U.S. Atty., Mobile, Ala., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Alabama.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.



Appellant Patterson filed a habeas corpus petition in the district court pursuant to 28 U.S.C. § 2255 (1970) seeking to have his previous conviction of escaping from federal custody in violation of 18 U.S.C. § 751 (1970) set aside. As a basis for relief, appellant contended that his court-appointed counsel had refrained from requesting the court to have him examined for possible insanity at the time of his escape. Because of the alleged incompetence of counsel, appellant contended that he had been denied due process of law.

The district court conducted a hearing to ascertain the facts surrounding appellant's claims. Appellant and two witnesses testified that appellant had indeed requested counsel to seek a psychiatric examination. Court-appointed counsel denied ever receiving such a request. Crediting the counsel's testimony, the district court denied relief.

We affirm. Factual questions must be determined by the district court, and unless clearly erroneous are binding on the court of appeals. See United States v. Strother, 458 F.2d 424, 430 (5th Cir. 1972). Since this case falls within the well established rule, we are bound to affirm the district court's determinations of the factual issues.

Affirmed.


Summaries of

Patterson v. United States

United States Court of Appeals, Fifth Circuit
Nov 9, 1973
487 F.2d 341 (5th Cir. 1973)

holding that Rule 52(b) applies to factual determinations in 28 U.S.C. § 2254 proceedings in the district court

Summary of this case from Fleming v. Kemp
Case details for

Patterson v. United States

Case Details

Full title:THOMAS J. PATTERSON, #92810, PETITIONER-APPELLANT, v. UNITED STATES OF…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 9, 1973

Citations

487 F.2d 341 (5th Cir. 1973)

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