Fassette

ORDER DENYING MOTION UNDER 28 U.S.C. § 2255

The instant proceeding was begun by a letter dated November 17, 1977, to the Court from the Petitioner acting in pro. per. The Court treated said letter as a motion under 28 U.S.C. § 2255 . The motion grows out of a conviction of the Petitioner in the Court of the undersigned in the case of United States v. Fassette and others, No. CR 74-756-IH.

The Court on November 30,1977, ordered a response to the motion from the Government, which response was filed January 17, 1978. Petitioner’s reply to the Government’s Response was filed January 30,1978.

The Court has considered the files and records of the underlying criminal case and of this proceeding. No hearing is necessary or appropriate. The only questions presented are questions of law. It appears to the Court that Petitioner’s motion should be denied on the merits.

Petitioner pled guilty to Count 1 of a three count indictment. Count 1 charged a violation of 21 U.S.C. § 846 , which punishes conspiracy to violate any offense defined in Subchapter I of the Comprehensive Drug Abuse and Control Act of 1970. Subchapter I is comprised of 21 U.S.C. §§ 801-904 . Count 1 charged that Fassette…