SMITH v. UNITED STATES

No. 71-2164 Summary Calendar.

447 F.2d 487 (1971)

Cornell SMITH, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 1, 1971.


Attorney(s) appearing for the Case

Cornell Smith, pro se.

Eldon B. Mahon, U. S. Atty., W. E. Smith, Asst. U. S. Atty., Ft. Worth, Tex., for respondent-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


PER CURIAM:

This appeal is from the district court's denial of the appellant's motion to vacate his judgment and sentence, filed pursuant to 28 U.S.C.A. § 2255. We affirm.

On November 24, 1970 the appellant entered a plea of guilty to the offense of conspiracy to smuggle heroin into the United States, 21 U.S.C.A. § 174, and thereupon a sentence of five years was imposed. He now seeks to have that conviction set aside on the bases that the indictment...

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