Sidney Joseph Diggs v. United States

This appeal is from an order denying a motion to vacate and set aside a sentence. Diggs v. United States, E.D., La., 1970, 322 F.Supp. 1123; 28 U.S.C. A. § 2255.

On August 3, 1960, appellant pleaded guilty to selling heroin in violation of 21 U.S.C.A. § 174 and 26 U.S.C.A. §§ 4704(a) and 4705(a), and was sentenced to five years imprisonment. In 1969, he was charged with receiving and concealing heroin in violation of 21 U.S.C.A. §§ 173, 174. Appellant entered a plea of guilty and admitted his prior conviction. As a second offender, he was sentenced under the provisions of 21 U.S.C.A. § 174 to…