U.S. Court of Appeals for the Fifth Circuit, 1971

John Thomas Lott v. United States

John Thomas Lott v. United States
U.S. Court of Appeals for the Fifth Circuit · Decided October 26, 1971 · Brown, Ingraham, Roney
451 F.2d 596; 1971 U.S. App. LEXIS 7422 (Federal Reporter, Second Series)

John Thomas Lott v. United States

Opinion

PER CURIAM:

This is an appeal from a denial of a motion to vacate sentence under 28 U.S.C. § 2255. The movant contends in substance that the evidence was insufficient to prove his knowing possession of heroin. The district court denied the motion on the ground that a previous § 2255 motion presented the same contention. We agree that the district court was not required to consider a second § 2255 motion, especially since the matter of possession was also decided adversely to movant on direct appeal, sub nom. Smith v. United States, 385 F.2d 34 (5th Cir. 1967). Simmons v. United States, 437 F.2d 156 (5th Cir. 1971).

Affirmed.

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