Ysidoro Cruz Guerra v. United States

Ysidoro Cruz Guerra appeals from the denial of his motion to vacate 1 his sentence as a recidivist under the Boggs Act, 26 U.S.C. § 7237. We affirm. 2

The appellant was convicted on his plea of guilty of having fraudulently and knowingly received, concealed and facilitated the transportation of a quantity of heroin after it had been illegally imported into the United States. 3 The government filed a Boggs Act information alleging two prior convictions for enhancement of sentence. Without defense objection thereto, the court sentenced the appellant to serve 15 years. There was no direct appeal.

A…