United States v. Ignacio Estrada Olvera
UNITED STATES of America, Plaintiff-Appellee, v. Ignacio Estrada OLVERA, Defendant-Appellant
Opinion
PER CURIAM:
The appellant was charged with possession of amphetamine, in violation of the Assimilative Crimes Act, 18 U.S.C. A. § 13, which made applicable the provisions of Art. 726d, Vernon’s Ann.Penal Code of Texas. He entered a plea of guilty and was sentenced to two years confinement.
There is a federal statute, 21 U.S.C.A. § 844 (a), which is applicable to the offense. Violation of that statute is only a misdemeanor, and the maximum eon- *608 finement under it is one year. The government concedes that the federal statute is controlling rather than the Assim-ilative Crimes Act and the Texas statute, violation of which is a felony.
The sentence must be vacated and the cause remanded for the entry of a new judgment imposing sentence under the federal statute. Hockenberry v. United States, 422 F.2d 171 (CA9, 1970); Dunaway v. United States, 170 F.2d 11 (CA10, 1948).
Cf.
Kniess v. United States, 413 F.2d 752 (CA9, 1969); Moorman v. United States, 389 F.2d 27 (CA5, 1968).
There is no merit to appellant’s other claims.
Vacated and remanded.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(State statute prohibiting possession of amphetamine a felony while a misdemeanor under federal law)
Cited by 9 cases
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