Severiano P. Ortiz v. United States

367 F.2d 46

Opinion

PER CURIAM:

The District Court denied appellant’s motion to vacate and set aside his conviction and sentence. The sentence of ten years was entered on a plea of guilty to an indictment charging him with violating the narcotics laws. The plea was specifically to a count based on a violation of 26 U.S.C.A. § 4704(a) which does not carry its own sentence. However, 26 U.S.C.A. § 7237(a) does provide for the imposition of a prison sentence of not less than two or more than ten years for a first offense under § 4704(a). It follows that appellant was entitled to no relief under his motion. See Cordova v. United States, 5 Cir., 1964, 337 F.2d 614.

Affirmed.