Malvin Davie, Jr. v. United States

KILEY, Circuit Judge.

The district court dismissed petitioner Davie’s motion under 28 U.S.C. § 2255, and Davie has appealed pro se. The appeal was taken upon the record without briefs or argument. We affirm.

On June 16, 1967, Davie pled guilty under two counts of an indictment charging narcotics violation under 26 U.S.C. § 4742(a), and two counts under 21 U.S.C. § 176a. Sentences were imposed on the several counts to run concurrently with each other and with an Illinois sentence Davie was then serving.

After sentence on September 11, 1968, Davie filed a habeas corpus petition. 1 In that…