Horacio Reyes v. United States

This is an appeal from an order denying relief, without a hearing, on appellant’s motion to set aside a judgment sentencing him to a period of ten years in custody of the Attorney General.

Appellant’s complaint is strictly one of law and not of facts, and we hold that the trial court did not err in denying relief on the ground that the files and records showed conclusively that appellant vs as entitled to no relief.

Upon conviction of a narcotics violation as to which a minimum sentence of five years must be given for a first offender, the appellant admitted to a pri- or conviction, thus making…