Paz Morales v. United States
Decision Date | 20 May 1960 |
Docket Number | No. 5646.,5646. |
Citation | 278 F.2d 598 |
Parties | Angel Daniel PAZ MORALES, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — First Circuit |
Angel Daniel Paz Morales, pro se.
Francisco A. Gil, Jr., U. S. Atty., San Juan, P. R., for appellee.
Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.
This appeal from an order of the United States District Court for the District of Puerto Rico denying a motion under Title 28 U.S.C. § 2255 to vacate sentence can be disposed of summarily.
The appellant was indicted by a grand jury in the court below for illegally transferring marihuana cigarettes in Puerto Rico on January 15, 1955, in violation, according to the citation in the margin, of Title 26 U.S.C. §§ 2591(a) and 2596. He came to trial by jury in the court below represented by competent counsel of his own choice on his plea of not guilty, was found guilty and sentenced by the court as a third offender in conformity with the procedures specified in § 7237(a) of the Internal Revenue Code of 1954, 26 U.S.C. § 7237(a) ( ).
The exclusive ground for the present motion to vacate this sentence is that the statutory references in the margin of the indictment are to sections of the Internal Revenue Code of 1939 which on January 1, 1955, were superseded by corresponding sections of the Internal Revenue Code of 1954 and so were not in effect at the time of the offense alleged in the indictment.
No doubt the statutory references in the indictment were to sections of the Internal Revenue Code of 1939, and no doubt also on January 1, 1955, those sections were superseded by §§ 4742(a) and 7237(a) of the Internal Revenue Code of 1954, 26 U.S.C. §§ 4742(a), 7237(a). See § 7851(a) (4), 26 U.S.C. § 7851(a) (4). Thus §§ 4742(a) and 7237(a) of the 1954 Code should have been referred to in the indictment. But it has been the federal rule for a long time that:
Williams v. United States, 1897, 168 U.S. 382, 389, 18 S.Ct. 92, 94, 42 L.Ed. 509.
This rule was endorsed in United States v. Hutcheson, 1941, 312 U.S. 219, 229, 61 S.Ct. 463, 85 L.Ed. 788, and although Rule 7(c) of the Federal Rules of Criminal Procedure, ...
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