488 F.2d 607 - United States v. Olvera — 488 F.2d 607

How this case has been cited

Cited by 14 later decisions — most recently August 1996

11 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Summary Calendar.*

¶2See 94 S.Ct. 1625.

¶3R. Norvell Graham, Jr., San Antonio, Tex., for defendant-appellant.

¶4Frank D. McCown, U. S. Atty., Fort Worth, Tex., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Téx., for plaintiff-appellee.

¶5Before BELL, GODBOLD and GEE, Circuit Judges.

¶7PER CURIAM:

¶8The appellant was charged with possession of amphetamine, in violation of the Assimilative Crimes Act, 18 U.S.C. A. § 13, which made applicable the provisions of Art. 726d, Vernon’s Ann.Penal Code of Texas. He entered a plea of guilty and was sentenced to two years confinement.

¶9There is a federal statute, 21 U.S.C.A. § 844(a), which is applicable to the offense. Violation of that statute is only a misdemeanor, and the maximum eon-*608finement under it is one year. The government concedes that the federal statute is controlling rather than the Assim-ilative Crimes Act and the Texas statute, violation of which is a felony.

¶10The sentence must be vacated and the cause remanded for the entry of a new judgment imposing sentence under the federal statute. Hockenberry v. United States, 422 F.2d 171 (CA9, 1970); Dunaway v. United States, 170 F.2d 11 (CA10, 1948). Cf. Kniess v. United States, 413 F.2d 752 (CA9, 1969); Moorman v. United States, 389 F.2d 27 (CA5, 1968).

¶11There is no merit to appellant’s other claims.

¶12Vacated and remanded.