OVIDIO OMAR URDIALES, PETITIONER-APPELLANT,
v.
UNITED STATES OF AMERICA, RESPONDENT-APPELLEE

5th Cir. | 1977-09-16
No. 77-1507
Before BROWN, Chief Judge, and RO-NEY and HILL, Circuit Judges.
559 F.2d 273 Court of Appeals for the Fifth Circuit (1977)

Opinion of the Court
PER CURIAM:

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 ,

AFFIRMED.


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