Citation Codes Equivalent Citations citation codes Docket Number No. 71-1227. Summary Calendar. Attorney(S) John T. Lott, pro se. Anthony J.P. Farris, U.S. , James R. Gough, Mary L. Sinderson, U.S. , Houston, , for respondent- Judges John Robert Brown Joe McDonald Ingraham Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — Federal Custody; Remedies On Motion Attacking Sentence See more information ... Smart Summary Please sign up to generate summary. JOHN THOMAS LOTT, PETITIONER-APPELLANT, v. UNITED STATES OF AMERICA, RESPONDENT-APPELLEE. PER CURIAM: This is an appeal from a denial of a motion to vacate sentence under 28 U.S.C. § 2255. The movant contends in substance that the evidence was insufficient to prove his knowing possession of heroin. The district court denied the motion on the ground that a previous § 2255 motion presented the same contention. We agree that the district court was not required to consider a second § 2255 motion, especially since the matter of possession was also decided adversely to movant on direct appeal, sub nom. Smith v. United States, 385 F.2d 34 (5th Cir. 1967). Simmons v. United States, 437 F.2d 156 (5th Cir. 1971). Affirmed.