John Thomas Lott v. United States
This text of 451 F.2d 596 (John Thomas Lott 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.
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
451 F.2d 596, 1971 U.S. App. LEXIS 7422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-thomas-lott-v-united-states-ca5-1971.