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Thomas J. Patterson, 92810 v. United States

Thomas J. PATTERSON, #92810, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee

Patterson v. United States, 487 F.2d 341 (5th Cir. 1973)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
November 9, 1973
Docket
No. 73-2788
Judges
Gewin, Coleman, Morgan
Citations
487 F.2d 3411973 U.S. App. LEXIS 7091

Opinion — Per Curiam

PER CURIAM:

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

1979: 11980: 21984: 119792026peak 1980 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Strother, 458 F.2d 424 (5th Cir. 1972) 16

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