U.S. Court of Appeals for the Fifth Circuit, 1971

United States v. James William Wollweber

U.S. Court of Appeals for the Fifth Circuit · Decided August 5, 1971 · Brown, Gewin, Morgan

445 F.2d 295 (Federal Reporter, Second Series)

Opinion

PER CURIAM:

Affirmed. See Local Rule 21 . 1

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

The Petition for Rehearing is denied and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is denied.

. See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.

The defendant contended that the introduction of evidence establishing specific intent to commit fraud by proving prior unrelated third party transactions (see United States v. Pittman, 5 Cir., 1971, 439 F.2d 906 for which the defendant had not been indicted or tried violated his Fifth Amendment privilege against self-incrimination by the practical compulsion that he waive the privilege to contradict the evidence through his testimony.

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