Public-domain · open source

344 F.2d 956

Docket No. 21699.

Ware v. United States

Fifth Circuit Court of Appeals

Decided May 7, 1965.

Fifth Circuit Court of Appeals · decided 1965-05-07

Cited by 2 later decisions — most recently May 1965

2 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Borroto v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1965-05-07

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¶1 *957John Sharp Ware, pro se.

¶2H. M. Ray, U. S. Atty., George H. Du-lin, Asst. U. S. Atty., Oxford, Miss., for appellee.

¶3Before JONES and WISDOM, Circuit Judges, and BREWSTER, District Judge.

¶4PER CURIAM:

¶5The district court denied the appellant relief in a proceeding under 28 U.S. C.A. § 2255 where it was claimed that an indictment for the sale of narcotics under 26 U.S.C.A. § 4705(a) was invalid because the name of the purchaser was not alleged. This Court, in Borroto v. United States, 5th Cir. 1964, 338 F.2d 60, held that such an averment was not required. The judgment of the district court is

¶6Affirmed.