Hernandez v. United States, 17170.
| Decision Date | 26 June 1958 |
| Docket Number | No. 17170.,17170. |
| Citation | 256 F.2d 342 |
| Parties | Roberto Martinez HERNANDEZ, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Roberto M. Hernandez, in pro. per.
Russell B. Wine, U. S. Atty., John E. Banks, Asst. U. S. Atty., San Antonio, Tex., for appellee.
Before RIVES, JONES and BROWN, Circuit Judges.
Appellant was convicted of knowingly and fraudulently receiving or concealing 40 grams of heroin in violation of 21 U.S.C.A. § 174. He admitted that he had been previously convicted of "a violation of the narcotics and marihuana laws." The district court on April 26, 1956, sentenced him to imprisonment for seven years. In December 1957 he moved to vacate the judgment and sentence under 28 U.S.C.A. § 2255. The district court denied his motion and this appeal followed.
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...of an informer to testify and the legality of petitioner's arrest. Such issues are not reviewable under Sec. 2255. Hernandez v. United States, 256 F.2d 342 (5th Cir. 1958), cert. denied 358 U.S. 851, 79 S.Ct. 80, 3 L.Ed.2d 85 (1958); Eberhardt v. United States, 262 F.2d 421 (9th Cir. Petiti......
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