Walker v. United States

Full title: Eugene WALKER, Appellant, v. UNITED STATES of America, Appellee

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 2, 1965

342 F.2d 800 (5th Cir. 1965)

Opinion

No. 22025.

April 2, 1965.

Appeal from the United States District Court for the Southern District of Alabama; Daniel Holcombe Thomas, Judge.

Eugene Walker, pro se.

William A. Kimbrough, Jr., Asst. U.S. Atty., Mobile, Ala., Vernol R. Jansen, Jr., U.S. Atty., for appellee.

Before WOODBURY,^_ WISDOM, and BELL, Circuit Judges.

_ Of the First Circuit, sitting by designation.

PER CURIAM:

This is an appeal from the denial of a motion under 28 U.S.C.A. § 2255 wherein appellant contends that his indictment charging violations of 26 U.S.C.A. § 4705(a) was defective for failure to specify the person to whom unlawful sales of narcotics were made. This contention was settled adversely to appellant in Jackson v. United States, 5 Cir., 1964, 339 F.2d 210, and Borroto v. United States, 5 Cir., 1964, 338 F.2d 60.

Affirmed.