United States v. Nicholas Palumbo

OPINION OF THE COURT

This is an appeal from a denial by the district court of a motion by Nicholas Pa-lumbo, a federal prisoner, for collateral relief under 28 U.S.C. § 2255 (1976). 1 Palum- bo contends that the indictment under which he was charged and convicted incorrectly stated that the drug Percodan 2 is a Schedule II controlled substance within the meaning of 21 U.S.C. § 812(c) and 21 C.F.R. § 1308.12 (1976). 3 The district court declined to address the merits of this contention, holding that Palumbo was barred from relitigating the issue because it had been fully adjudicated at…