Ovidio Omar Urdiales v. United States

559 F.2d 273, 1977 U.S. App. LEXIS 11548

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 16, 1977
• Docket: 77-1507
• Status: Published

Opinion

PER CURIAM:

This is an appeal from the denial of a motion to vacate filed pursuant to 28 U.S.C. § 2255. Urdiales’ conviction on direct appeal was affirmed. United States v. Urdiales, 5 Cir., 1975, 523 F.2d 1245, cert. denied, 1976, 426 U.S. 920, 96 S.Ct. 2625, 49 L.Ed.2d 373. Appellant’s sole contention is that his convictions for narcotics offenses are invalid because the acts on which they are based took place at times when the Government had not republished the list of controlled substances as required by 21 U.S. C.A. § 812(a). We recently held this contention to be meritless. Thor v. United States, 5 Cir., 1977, 554 F.2d 759 [1977],

AFFIRMED.