Anibal Otero-Rivera v. United States

LEVIN H. CAMPBELL, Circuit Judge.

Appellant Otero-Rivera appeals from the denial of his pro se motion filed under 28 U.S.C. § 2255 to vacate his 1959 conviction for sale of narcotics in violation of 26 U.S.C. § 4705(a). The court had imposed the minimum five year sen tence, 26 U.S.C. § 7237(b) as amended, and recommended commitment to an institution for treatment and cure of drug addiction. In 1968 when appellant pleaded guilty to violations of other federal narcotics laws, he received a mandatory ten year sentence as a second offender!

Appellant now asserts that when the court accepted his…