Rodolfo Munoz Perez v. United States

Rodolfo Munoz Perez has applied to this Court for leave to appeal in forma pauperis from the district court’s denial of his motion to vacate 1 conviction and sentence. We grant leave to appeal; and affirm in part and reverse in part.

The appellant is serving a general sentence of 25 years following conviction on two counts of knowingly receiving, concealing, etc., a quantity of illegally imported heroin in violation of 21 U.S.C. § 174; and on two counts of sale of heroin in violation of 26 U.S.C. § 4705(a). This Court denied leave to take a direct appeal in forma pauperis; and the Supreme…