DIGGS v. UNITED STATES

No. 22160.

352 F.2d 327 (1965)

Henry DIGGS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

October 28, 1965.


Attorney(s) appearing for the Case

Henry E. Diggs, Atlanta, Ga., for appellant.

John C. Ciolino, Asst. U. S. Atty., New Orleans, La., Louis C. LaCour, U. S. Atty., for appellee.

Before JONES, WISDOM and GEWIN, Circuit Judges.


PER CURIAM:

The appellant Diggs complains of the denial of his motion to vacate judgment and sentence filed pursuant to Title 28 U.S.C.A. § 2255. He was convicted in 1958 of selling and concealing narcotic drugs in violation of Title 21 U.S.C.A. § 174 and 26 U.S.C.A. § 4705(a). He was given a plenary hearing on his motion.

He contends that § 4705(a) is a revenue statute which does not apply to him but is limited to those persons who are...

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