George Willard Shaffer v. United States

On June 28, 1965, Shaffer entered a plea of guilty to a charge of acquiring marihuana without paying the transfer tax, in violation of 26 U.S.C. § 4744(a). Thereafter, he commenced this proceeding under 28 U.S.C. § 2255, to vacate the judgment of conviction. The keystone of his contention was and is that “the incriminatory portion of § 4744(a) was declared unconstitutional in Leary * * Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969). The district court denied relief and Shaffer has appealed. We affirm.

Shaffer apparently recognizes that the Supreme Court did not in…