PER CURIAM:
On June 28, 1965, Shaffer entered a plea of guilty to a charge of acquiring marihuana without paying the transfer tax, in violation of 26 U.S.C. § 4744(a). Thereafter, he commenced this proceeding under 28 U.S.C. § 2255, to vacate the judgment of conviction. The keystone of his contention was and is that "the incriminatory portion of § 4744(a) was declared unconstitutional in Leary * * *." Leary v. United States,
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