Carlos M. Aulet v. United States

ENOCH, Senior Circuit Judge.

Petitioner-appellant, Carlos M. Aulet, appeals from denial (by the same Judge who presided at his trial) of his petition, filed pursuant to Title 28 U.S.C. § 2255, to vacate and set aside a sentence of five years imposed after conviction in a jury trial on a one-count indictment charging violation of the narcotic laws, Title 21 U.S.C. § 174. The conviction was affirmed on appeal, United States v. Aulet, 7 Cir., 1964, 339 F.2d 934, cert. den. 380 U.S. 974, 85 S.Ct. 1335, 14 L.Ed.2d 269.

Petitioner contends that the Trial Judge erred in denying motion for judgment of…