green
Positive treatment
6.2 score
Statutes interpreted (leading-cases list)
#1
21 U.S.C. § 812(a)
Top citers, strongest first. 1 distinct citer.
How cited ↗
discussed
Cited as authority (rule)
Arrington v. United States
(2×)
It is impossible to believe, particularly in the case of a drug such as heroin, that Congress intended the narcotics business to be decriminalized if the Attorney General failed to perform an administrative duty.’’); Thor v. United States, 554 F.2d 759, 762 (5th Cir.1977) (”[T]he failure to republish the schedules in a timely manner did not nullify the schedules."); Urdiales v. United States, 559 F.2d 273, 274 (5th Cir.1977) (per curiam), cert. denied, 434 U.S. 1071 , 98 S.Ct. 1253 , 55 L.Ed.2d 774 (1978) (same); United States v. Pedote, 557 F.2d 596, 596 (7th Cir.1977) (per curiam) (sam…
Retrieving the full opinion text from the archive…
Ovidio Omar URDIALES, Petitioner-Appellant,
v.
UNITED STATES of America, Respondent-Appellee
v.
UNITED STATES of America, Respondent-Appellee
77-1507.
Court of Appeals for the Fifth Circuit.
Sep 16, 1977.
Thomas M. Dawson, Leavenworth, Kan., for petitioner-appellant., Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., for respondent-appellee.
Brown, Ro-Ney, Hill.
Cited by 2 opinions | Published
PER CURIAM:
This is an appeal from the denial of a motion to vacate filed pursuant to 28 U.S.C. § 2255. Urdiales’ conviction on direct appeal was affirmed. United States v. Urdiales, 5 Cir., 1975, 523 F.2d 1245, cert. denied, 1976, 426 U.S. 920, 96 S.Ct. 2625, 49 L.Ed.2d 373. Appellant’s sole contention is that his convictions for narcotics offenses are invalid because the acts on which they are based took place at times when the Government had not republished the list of controlled substances as required by 21 U.S. C.A. § 812(a). We recently held this contention to be meritless. Thor v. United States, 5 Cir., 1977, 554 F.2d 759 [1977],
AFFIRMED.