SMITH v. UNITED STATES

No. 71-1157 Summary Calendar.

441 F.2d 1155 (1971)

Seymour Joseph SMITH, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 4, 1971.


Attorney(s) appearing for the Case

Darryl G. Campbell, Jack Miles, Miles & Lewis, Houston, Tex., for petitioner-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for respondent-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.


PER CURIAM:

Seymour Joseph Smith, Jr., appeals from an order of the district court denying his motion under 28 U.S.C. § 2255 to vacate sentence. We affirm.

In 1965 Smith was convicted on his plea of guilty to the offense of purchasing heroin not in or from the original stamped package in violation of 26 U.S. C. § 4704(a). He was fined $2,000 and sentenced to serve five years in the custody of the Attorney General. Only one month of the sentence was...

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