Fernando MacIas v. United States

The District Court denied the motion of Fernando Macias to vacate his sentence 1 and commit him according to the provisions of Title II of the Narcotic Addict Rehabilitation Act of 1966, 2 and he appeals. We affirm the ruling below.

Macias was convicted on trial by jury of eight counts alleging four sales of heroin in violation of 26 U.S.C., § 4705, and four violations of 21 U.S.C., § 174 with respect to the same heroin. He was sentenced on March 6, 1969 to serve eight concurrent fifteen year prison terms. The judgment was affirmed on direct appeal, United States v. Macias, 5 Cir., 1970, 435…