Opinion
No. 71-1227. Summary Calendar.
Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5th Cir. 1970, 431 F.2d 409, Part I.
October 26, 1971.
John T. Lott, pro se.
Anthony J.P. Farris, U.S. Atty., James R. Gough, Mary L. Sinderson, Asst. U.S. Attys., Houston, Tex., for respondent-appellee.
Appeal from the United States District Court, for the Southern District of Texas.
Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.
This is an appeal from a denial of a motion to vacate sentence under 28 U.S.C. § 2255. The movant contends in substance that the evidence was insufficient to prove his knowing possession of heroin. The district court denied the motion on the ground that a previous § 2255 motion presented the same contention. We agree that the district court was not required to consider a second § 2255 motion, especially since the matter of possession was also decided adversely to movant on direct appeal, sub nom. Smith v. United States, 385 F.2d 34 (5th Cir. 1967). Simmons v. United States, 437 F.2d 156 (5th Cir. 1971).
Affirmed.