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JEFFERSON v. UNITED STATES

No. 73-2874 Summary Calendar.

488 F.2d 391 (1974)

Garfield JEFFERSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1974.

Attorney(s) appearing for the Case

Garfield Jefferson, pro se.

W. E. Smith, Asst. U. S. Atty., Fort Worth, Tex., for respondent-appellee.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

PER CURIAM:

We vacate the denial of petitioner's collateral attack on his 1970 sentence as a second narcotics offender, and remand for further proceedings concerning the validity of his first offense, a 1951 conviction for failure to comply with the transfer provisions of the Marijuana Tax Act (26 U.S.C.A. § 4744).

The appellant was convicted in 1951 for violating the Marijuana Tax Act, 26 U.S.C.A. § 4744(a)(1), now repealed. During those proceedings...

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