Marcos Iriarte Aponte v. United States

Aponte appeals from the denial of a petition brought pursuant to Title 28 U.S.C.A. § 2255 to vacate a sentence imposed on him as a second offender after a guilty plea under the narcotic drugs and marihuana laws. Title 26 U.S.C.A. §§ 4744(a) (2) and 7237(a) and (d).

The contention that his sentence on the first offense was void because of having been imposed by an associate justice of the Supreme Court of Puerto Rico sitting as a United States District Judge for the District of Puerto Rico under presidential order is without merit. Congress was empowered pursuant to Art. IV, § 3, Cl. 2 of the…