Prado v. United States

OPINION

COOPER, District Judge.

Petitioner, Pablo Prado, pled guilty to illegal possession and sale of heroin in violation of 21 U.S.C. § 173 on May 2, 1968. On July 2, 1968 petitioner was sentenced as a second offender under 26 U.S.C. § 7237. Petitioner, pursuant to 28 U.S.C. § 2255, now seeks to set aside his prior conviction for illegally selling marihuana in July 1943, the conviction which served as the basis for his recidivist status.

Petitioner alleges two basic arguments in support of his request: (1) his plea of guilty was constitutionally defective, (2) the statute he was sentenced…