Ernest Sanchez v. United States

Fifth Circuit

Ernest Sanchez v. United States

400 F.2d 92, 1968 U.S. App. LEXIS 5631

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 4, 1968

Docket26594

StatusPublished

This text of 400 F.2d 92 (Ernest Sanchez v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ernest Sanchez v. United States, 400 F.2d 92, 1968 U.S. App. LEXIS 5631 (5th Cir. 1968).

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Opinion

PER CURIAM:

Petitioner pleaded- guilty to a violation of 21 U.S.C. § 176a which makes it unlawful to bring marihuana into the United States without it having been invoiced, and was sentenced to seven (7) years imprisonment. In a post conviction motion to vacate sentence filed under 28 U.S.C.A. § 2255 petitioner contended that in the light of the recent Supreme Court decisions, Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L. Ed.2d 889 (1968); Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L. Ed.2d 906 (1968); and Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L. Ed.2d 923 (1968), the Federal Marihuana Registration Statutes are unconstitutional. The district court denied relief on the basis of Leary v. United States, 5 Cir. 1968, 392 F.2d 220 [Mar. 29, 1968]. In that case the issue here presented by appellant was submitted to this court and decided adversely to appellant’s contentions.

The decision of the district court is Affirmed.

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PER CURIAM:

Petitioner pleaded- guilty to a violation of 21 U.S.C. § 176a which makes it unlawful to bring marihuana into the United States without it having been invoiced, and was sentenced to seven (7) years imprisonment. In a post conviction motion to vacate sentence filed under 28 U.S.C.A. § 2255 petitioner contended that in the light of the recent Supreme Court decisions, Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L. Ed.2d 889 (1968); Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L. Ed.2d 906 (1968); and Haynes v. United States, 390 U.S. 85, 88 S.Ct. 722, 19 L. Ed.2d 923 (1968), the Federal Marihuana Registration Statutes are unconstitutional. The district court denied relief on the basis of Leary v. United States, 5 Cir. 1968, 392 F.2d 220 [Mar. 29, 1968]. In that case the issue here presented by appellant was submitted to this court and decided adversely to appellant’s contentions.

The decision of the district court is Affirmed.

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400 F.2d 92, 1968 U.S. App. LEXIS 5631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernest-sanchez-v-united-states-ca5-1968.

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