Pickett

Petitioner was found guilty, after a jury trial, of violations of Title 21, Section 176a: Count 1, smuggling marihuana, and Count 2, receiving, concealing and transporting marihuana which had been illegally imported. He was sentenced to five years imprisonment on each count, to run concurrently.

Petitioner has filed an application for writ of habeas corpus, alleging that his detention is illegal for the following reasons:

1. That he was entrapped into committing the crimes for which he was sentenced.

2. That 176a of Title 21 U.S.C.A., under which petitioner was charged by indictment, is unconstitutional.

Petitioner has previously presented the first ground to this sentencing Court by a petition for relief under Title 28 U.S.C.A. § 2255 , and we ruled upon his petition by order dated February 20, 1963, to the effect that his contention he was entrapped is not cause for relief under the provisions of Title 28 U.S.C.A. § 2255 . Neither is it a ground for issuance of the writ of habeas corpus.

Petitioner has not heretofore asked for relief on the second ground. We shall therefore treat his petition for habeas corpus as a petition under Title 28 U.S. C.A. § 2255; petitioner is a…