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438 F.2d 129

Docket No. 30782.

Baker v. United States

Fifth Circuit Court of Appeals

Decided Feb. 4, 1971.

Fifth Circuit Court of Appeals · decided 1971-02-04

Cited by 2 later decisions — most recently November 1972

1 federal appellate · 1 district ·

2 counsel of record

Applies 18 U.S.C. § 4251 · 28 U.S.C. § 2255 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Turner v. United States · Minor v. United States · Kimbrough v. Beto

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-02-04

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¶1Joe Lee Baker, pro se.

¶2Gerald J. Gallinghouse, U. S. Atty., Richard M. Olsen, Asst. U. S. Atty., New Orleans, La., for respondent-appellee.

¶3Before GEWIN, GOLDBERG and DYER, Circuit Judges.

¶4PER CURIAM:

¶5This is an appeal from an order of the District Court denying the motion of Baker, a federal prisoner to vacate sentence pursuant to 28 U.S.C.A. § 2255. We affirm.1

¶6On June 19, 1968, Baker was convicted on his plea of guilty of selling narcotics not in or from the original stamped package, in violation of 26 U.S.C.A. § 4704(a). He was sentenced under the Narcotic Addict Rehabilitation Act of 1966, 18 U.S.C.A. § 4251 et seq., to an indeterminate period not to exceed five years.

¶7*130Baker’s contention that the statute under which he was convicted is unconstitutional because compliance would require him to incriminate himself is without merit. Turner v. United States, 1970, 396 U.S. 398, 90 S.Ct. 642, 24 L. Ed.2d 610; Minor v. United States, 1969, 396 U.S. 87, 90 S.Ct. 284, 24 L.Ed.2d 283. See also Salinas v. United States, 5 Cir. 1970, 424 F.2d 541; Esparza v. United States, 5 Cir. 1970, 423 F.2d 690; Oyervides v. United States, 5 Cir. 1970, 423 F.2d 1209; and United States v. Walker, 5 Cir. 1969, 414 F.2d 876. The judgment is Affirmed.

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