John Thomas Lott v. United States, 451 F.2d 596 (5th Cir. 1971). · Go Syfert
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John Thomas Lott v. United States, 451 F.2d 596 (5th Cir. 1971). Cases Citing This Book View Copy Cite
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John Thomas LOTT, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
71-1227.
Court of Appeals for the Fifth Circuit.
Oct 26, 1971.
451 F.2d 596
1971 U.S. App. LEXIS 7422
John T. Lott, pro se., Anthony J. P. Farris, U. S. Atty., James R. Gough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for respondent-appellee.
Brown, Ingraham, Roney.
Cited by 1 opinion  |  Published
PER CURIAM:

This is an appeal from a denial of a motion to vacate sentence under 28 U.S.C. § 2255. The movant contends in substance that the evidence was insufficient to prove his knowing possession of heroin. The district court denied the motion on the ground that a previous § 2255 motion presented the same contention. We agree that the district court was not required to consider a second § 2255 motion, especially since the matter of possession was also decided adversely to movant on direct appeal, sub nom. Smith v. United States, 385 F.2d 34 (5th Cir. 1967). Simmons v. United States, 437 F.2d 156 (5th Cir. 1971).

Affirmed.