Alaway

Petitioner, a prisoner at the United States Penitentiary at McNeil Island, presents here a Motion to Vacate his *80 judgment of conviction for violation of 21 U.S.C. § 176a (sale of marijuana, knowing it to have been imported or brought into the United States contrary to law). He appears in propria persona.

Allowed to proceed in forma pauperis, Alaway bases his attack on the claim that the Statute which he is alleged to have violated is unconstitutional, and that he would not have pleaded guilty had he known of this unconstitutionality. A Supplemental Motion also alleges that his guilty plea was not voluntary since it was not made with the knowledge that the sentence would not begin running at the time it was pronounced, but only when he was delivered into the custody of the Attorney General.

On January 11, 1967, Alaway was charged in a seven count indictment with concealment, transportation and sale of marijuana in violation of 21 U.S.C. § 176a, and with illegal transfers of marijuana in violation of 26 U.S.C. § 4742 (a). His original not guilty plea was withdrawn, and he entered a plea of guilty to Count 2, violation of § 176a, as indicated above. He was also found guilty of a…