Enzor v. United States, 19036.
Decision Date | 09 November 1961 |
Docket Number | No. 19036.,19036. |
Citation | 296 F.2d 62 |
Parties | Erwin M. ENZOR, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Erwin M. Ensor, pro se.
Chas. L. Goodson, U. S. Atty., John W. Stokes, Jr., Asst. U. S. Atty., Atlanta, Ga., for appellee.
Before BROWN, GEWIN, and BELL, Circuit Judges.
Appellant was convicted of conspiring to violate the federal statutes relating to the unlawful sale of narcotic drugs and received a sentence of four years. This court affirmed the conviction but ordered him resentenced to the minimum term of five years because the statute violated carried a mandatory minimum sentence of five years. Enzor v. United States, 5 Cir., 262 F.2d 172 (1958), cert. den. 359 U.S. 953, 79 S.Ct. 740, 3 L.Ed.2d 761. He was, accordingly, re-sentenced. On March 17, 1961 he filed a motion to vacate his sentence under Section 2255, Title 28 U.S.Code, alleging that his conviction was based on the wilful use by the government of perjured testimony, the five year sentence was illegally imposed, and the evidence was insufficient to sustain his conviction. The District Court overruled the motion and this appeal followed.
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