United States v. Ignacio Estrada Olvera
Cases that cite this one
9 later published cases cite this decision.
- United States v. James M. Lewis Debra Faye Lewis (5th Cir. 1996)
- United States v. Lewis (5th Cir. 1996)
- United States v. Darelle Dean Butler (8th Cir. 1976)
- United States v. Harry Lynn Hall (3d Cir. 1992)
- United States v. Raymond Wayne Blue A/K/A Budagau (8th Cir. 1983)
- United States v. Adams (United States District Court for the Southern District of Florida 1980)
- United States v. Dawkins (U.S. Army Court of Military Review 1979)
- United States v. Narciso (District Court, E.D. Michigan 1977)
- United States v. Harry Dino Word A/K/A Harry Dino Hurd (8th Cir. 1975)
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
The appellant was charged with possession of amphetamine, in violation of the Assimilative Crimes Act, 18 U.S.C. A. § 13, which made applicable the provisions of Art. 726d, Vernon’s Ann.Penal Code of Texas. He entered a plea of guilty and was sentenced to two years confinement.
There is a federal statute, 21 U.S.C.A. § 844(a), which is applicable to the offense. Violation of that statute is only a misdemeanor, and the maximum eon- *608 finement under it is one year. The government concedes that the federal statute is controlling rather than the Assim-ilative Crimes Act and the Texas statute, violation of which is a felony.
The sentence must be vacated and the cause remanded for the entry of a new judgment imposing sentence under the federal statute. Hockenberry v. United States, 422 F.2d 171 (CA9, 1970); Dunaway v. United States, 170 F.2d 11 (CA10, 1948). Cf. Kniess v. United States, 413 F.2d 752 (CA9, 1969); Moorman v. United States, 389 F.2d 27 (CA5, 1968).
There is no merit to appellant’s other claims.
Vacated and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.