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451 F.2d 596

Docket No. 71-1227

Lott v. United States

Fifth Circuit Court of Appeals

Decided Oct. 26, 1971.

Fifth Circuit Court of Appeals · decided 1971-10-26

Cited by 2 later decisions — most recently December 1973

1 federal appellate ·

2 counsel of record

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

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Smith v. United States · Simmons v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-10-26

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¶1Summary Calendar.*

¶2John T. Lott, pro se.

¶3Anthony J. P. Farris, U. S. Atty., James R. Gough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for respondent-appellee.

¶4Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

¶6PER CURIAM:

¶7This 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).

¶8Affirmed.

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