Charles Lee Oliver v. United States

Appellant was convicted in 1959 of shipping heroin hydrochloride in violation of 26 U.S.C. § 4724(b). He had been convicted in 1941 of transferring marijuana in violation of § 2591(a) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 2591(a), now 26 U.S.C. § 4742(a).

Before sentence was imposed on the 1959 conviction, an information was filed by the United States Attorney, pursuant to 26 U.S.C. § 7237(a), setting out the fact of appellant’s 1941 conviction, and the court on the basis thereof sentenced him to fifteen (15) years imprisonment under § 7237(a).

An application was thereafter filed…