Carrion
Carrion v. United States
Opinion
lead Opinion
Hauk, J.
ORDER DENYING MOTION TO VACATE AND SET ASIDE SENTENCE PURSUANT TO 28 U.S.C. § 2255
The petitioner alleges that he is incarcerated at the Federal Correctional Institution, Lompoc, California, for “acquiring marijuana without having paid the transfer tax” but gives us no further details.
The files of this Court in 3462-CD reveal that the petitioner was charged by Information with Illegal Acquisition of Marijuana in violation of 26 U.S.C. § 4744 (a), and with Bail Jumping in viola *103 tion of 18 U.S.C. § 3150 . On March 4, 1969, he entered pleas of guilty to both charges, and on March 31, 1969, the imposition of sentence was suspended, and Carrion was placed on probation for 3 years.
Subsequently, after hearing, Carrion was found to have violated the terms of his probation in that he had violated State law and was convicted for possession of marijuana, and also in that he had violated Federal law and was convicted for conspiring to smuggle marijuana and had been sentenced on June 21, 1971 to serve 5 years. 1 On August 13, 1971, probation was revoked in case No. 3462-CD, and Carrion was sentenced to serve 7 years, such sentence to be concurrent with the 5-year sentence imposed on…