Clark v. United States

MEMORANDUM AND ORDER

MARSH, Chief Judge.

On May 27, 1968, petitioner, Calvin Clark, was convicted by a jury of violating the then existing narcotic laws, 21 U.S.C. § 174 and 26 U.S.C. § 4704(a). 1 This conviction was affirmed on appeal. United States v. Clark, 425 F.2d 827 (3rd Cir. 1970), cert. denied 400 U.S. 820, 91 S.Ct. 38, 27 L.Ed.2d 48 (1970). Petitioner, proceeding pro se, is presently before the court on his third petition for post-conviction relief. 2 In the current petition he moves the court to vacate his sentence and, on the basis of newly discovered evidence, to grant a new trial…