U.S. Court of Appeals for the Second Circuit, 1971

McLean v. United States

U.S. Court of Appeals for the Second Circuit · Decided November 16, 1971

451 F.2d 358 (Federal Reporter, Second Series)

Counsel

Kevin McLean, petitioner-appellant pro se., Whitney North Seymour, Jr., U. S. Atty., for the S.D.N.Y., W. Cullen MacDonald and Peter P. Rient, Asst. U. S. Attys., of counsel, for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

Kevin McLean v. United States (2d Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

Kevin McLean, convicted and sentenced after jury trial in the United States District Court for the Southern District of New York, Inzer B. Wyatt, Judge, appeals from denial by Judge Wyatt without a hearing of his petition for vacation of sentence under 28 U.S.C. § 2255. We find no error and affirm the judgment.

The petition, based on a claim of incompetence, set forth no matter not already considered by the court at the time of the criminal trial. Prior to the trial a hearing was had, at which McLean’s wife testified. The court also required a psychiatric examination and report. Neither McLean’s counsel nor McLean requested an additional hearing at the time. Denial of relief under section 2255 without further hearing was proper under the circumstances. Judgment affirmed.

A “motion for vacation of sentence by default of respondent” filed August 31, 1971 is denied, respondent’s brief having been filed August 27, 1971.

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