U.S. Court of Appeals for the Fifth Circuit, 1970

Joe Morales v. United States

U.S. Court of Appeals for the Fifth Circuit · Decided September 22, 1970 · Gewin, Goldberg, Dyer, Ciircuit

431 F.2d 475; 1970 U.S. App. LEXIS 7253 (Federal Reporter, Second Series)

Counsel

Joe Morales, pro se., Seagal V. Wheatley, U. S. Atty., Reese L. Harrison, Jr., Asst. U. S. Atty., San Antonio, Tex., for respondent-appellee.

Cases that cite this one

2 later published cases cite this decision. The 1 that cite it most often are listed here.

Smith v. United States (5th Cir. 1971)

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

PER CURIAM:

Morales, represented by counsel, was convicted upon his plea of guilty of two counts of selling heroin not from the original stamped package, in violation of 26 U.S.C.A. § 4704(a). After sentence there was no direct appeal. The District Court denied Morales’ § 2255 motion without an evidentiary hearing.

The sole contention on appeal is that the statute under which Morales was convicted is unconstitutional in light of Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57. But this argument was put to rest by Turner v. United States, 1970, 396 U.S. 398, 90 S.Ct. 642, 24 L.Ed.2d 610, and United States v. Walker, 5 Cir. 1969, 414 F.2d 876.

The appeal is therefore frivolous and is

Dismissed.

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