Lopez v. United States

Convicted of a violation of the narcotic laws of the United States, and, upon Information of Previous Convictions in Violation of Narcotic laws, sentenced as a third offender to serve ten years, appellant, petitioner below, moved, under Sec. 2255, Title 28 U.S.C. to vacate and set aside the judgment of conviction. Two grounds were put forward: (1) that he was subjected to an illegal search; and (2) that the evidence was not sufficient to convict him.

The district judge, in a full and complete memorandum, though stating that the grounds put forward can not be taken on a motion to vacate, yet…