Roberto Martinez Hernandez v. United States
Cases that cite this one
8 later published cases cite this decision.
- Gandy v. Watkins (United States District Court for the Middle District of Alabama 1964)
- United States v. Winstead (United States District Court for the Northern District of California 1964)
- McFarlane v. United States (District Court, S.D. New York 1964)
- Ervin Gerald Kristiansand v. United States (5th Cir. 1963)
- Delbert Wayne Wells v. United States (10th Cir. 1962)
- David Holston Roddy v. United States (10th Cir. 1961)
- Way v. United States (United States District Court for the District of Colorado 1961)
- Aubrey Aeby v. United States (5th Cir. 1959)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appellant was convicted of knowingly .and fraudulently receiving or concealing 40 grams of heroin in violation of 21 U.S.C.A. § 174. He admitted that he had been previously convicted of “a violation of the narcotics and marihuana laws.” The district court on April 26, 1956, sentenced him to imprisonment for seven years. In December 1957 he moved to vacate the judgment and sentence under 28 U.S.C.A. § 2255. The district court denied his motion and this appeal followed.
His complaints are that he was illegally arrested, that the drug was not under his possession or control, that the evidence was more consistent with his innocence than with his guilt, and that evidence of his prior conviction was erroneously admitted. None of these matters render the judgment of conviction void or subject to collateral attack under a Section 2255 motion. The judgment is Therefore
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.