Edgar Richard Lewis v. United States

Appellant was convicted by a jury after trial of two counts of violation of the Alaska Narcotic Drug Act and two counts of violation of the Harrison Narcotic Act. He was sentenced to serve consecutive terms of imprisonment. A motion was made by him, under Section 2255 of Title 28 U.S.C., in the District Court to vacate the sentences and was denied by that Court. From the order denying the motion this appeal is taken in propria persona.

The main contention made on this appeal and the only one meriting discussion is appellant’s claim that he was convicted and sentenced on several counts all charging the same offense. He was charged with violation of a Territorial Statute and the Federal Laws. The indictment in case No. 2551 is similar to the two counts in case No. 2575. The date of the offense is the same, the same individuals are defendants and the possession of the same type of narcotic is alleged. The Alaska statute prohibits prosecution thereunder if the accused has been “acquitted or convicted under the Federal Narcotic laws for the same act or omission, which, it is alleged, constitutes a violation of this Act.” Appellee suggests that the prohibition might not apply where the…