JOE MORALES, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
JOE MORALES, PETITIONER-APPELLANT,
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE
431 F.2d 475
Court of Appeals for the Fifth Circuit (1970)
Cited by 28 cases
Opinion of the Court
PER CURIAM:
Morales, represented by counsel, was convicted upon his plea of guilty of two counts of selling heroin not from the original stamped package, in violation of 26 U.S.C.A. § 4704(a). After sentence there was no direct appeal. The District Court denied Morales’ § 2255 motion without an evidentiary hearing.
The sole contention on appeal is that the statute under which Morales was convicted is unconstitutional in light of Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57. But this argument was put to rest by Turner v. United States, 1970, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, and United States v. Walker, 5 Cir. 1969, 414 F. 2d 876.
The appeal is therefore frivolous and is
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (27 total)
-
United States v. Smith, 462 F.2d 456 (8th Cir. 1972)
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United States v. Carter, 528 F.2d 844 (8th Cir. 1975)
-
United States v. Serlin, 538 F.2d 737 (7th Cir. 1976)
Previewing 3 of 27 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- Leary v. United States, 395 U.S. 6 (U.S. 1969)
- Turner v. United States, 396 U.S. 398 (U.S. 1970)
- United States v. Walker, 414 F.2d 876 (5th Cir. 1969)