Legal Opinion
Neria v. United States
Court of Appeals for the Fifth Circuit
Decided May 6, 1974No. 74-1199PublishedCited by 2 opinions
1Per curiam
The district court’s refusal to impose sentence under the provisions of the Narcotic Addict Rehabilitation Act, 18 U.S.C.A. §§ 4251-4255 is the sole error asserted by Neria on appeal. We affirm.
Neria pled guilty to conspiring to possess heroin with intent to distribute in violation of 21 U.S.C.A. § 846. He was sentenced to 15 years with a special parole term of 15 years. His subsequent 2255 motion attacking the sentence was denied by the district court which found Neria ineligible for commitment under NARA.
The statute under which Neria claims entitlement to relief poses two obstacles which he…
2Cases cited3 opinions
- Marshall v. United StatesSupreme Court of the United States · 1974
- Albert Watson, Jr. v. United StatesCourt of Appeals for the D.C. Circuit · 1970
- United States v. Sherman Lee HartCourt of Appeals for the Fifth Circuit · 1974
3Cited by2 opinions
- United States v. Eugene H. PinkneyCourt of Appeals for the D.C. Circuit · 1976
- Domingo Hernandez Neria, Jr. v. United States of America, No. 74-1199 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409, Part. ICourt of Appeals for the Fifth Circuit · 1974