Erwin M. Enzor v. United States

Appellant was convicted of conspiring to violate the federal statutes relating to the unlawful sale of narcotic drugs and This received a- sentence of four years, court affirmed the conviction but ordered him resentenced to the minimum term of five years because the statute violated carried a mandatory minimum sentence of five years. Enzor v. United States, 5 Cir., 262 F.2d 172 (1958), cert. den. 359 U.S. 953, 79 S.Ct. 740, 3 L.Ed.2d 761. He was, accordingly, re-sentenced. On March 17, 1961 he filed a motion to vacate his sentence under Section 2255, Title 28 U.S.Code, alleging that his…