Steve Casias v. United States

MURRAH, Chief Judge.

Appellant-Casias was convicted and sentenced on a one-count indictment charging receipt, concealment and sale of heroin in violation of 21 U.S.C. § 174. That judgment was affirmed by this Court sitting en banc and equally divided. See: Casias v. United States, 315 F.2d 614, cert. den. 374 U.S. 845, 83 S.Ct. 1901, 10 L.Ed.2d 1065. After the issuance of this Court’s mandate in June, 1963 and while serving a State-imposed sentence, Casias filed his pro se motion to vacate and set aside his Federal sentence on the ground that one Gutierrez had confessed the crime for which…