Michael Henley v. United States

Michael Henley appeals the district court’s denial of his motion under 28 U.S.C. § 2255 to vacate judgment and sentence. We affirm. 1

Henley was convicted of violations of 26 U.S.C. § 4704(a) and § 4705(a), which proscribe the sale of heroin not in the original stamped package and without the required order form. He was sentenced on March 29, 1968, to serve consecutive sentences of two years and five years.

In his § 2255 motion the appellant initially alleged that his indictment was constitutionally defective because of the ambiguous and arbitrary interrelationship of §§ 4704(a) and 4705(a),…