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DAVIS v. UNITED STATES

No. 8091.

347 F.2d 378 (1965)

William Isaac DAVIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 21, 1965.

Attorney(s) appearing for the Case

James L. Applegate, Cheyenne, Wyo., for appellant.

John Quinn, Albuquerque, N. M. (John Babington, Albuquerque, N. M., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PICKETT and BREITENSTEIN, Circuit Judges.

PER CURIAM.

The Appellant, Davis, appeals in forma pauperis from an order of the District Court denying a motion to vacate his sentence for the illegal insufficiency of the indictment to charge the offense for which he was sentenced, i. e., the unlawful importation of narcotics under Section 21 U.S.C. § 174.1

The plea to the legal insufficiency of the indictment is based squarely on the language of this Court in Robinson v...

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