U.S. Court of Appeals for the Ninth Circuit, 1968

Patrick R. Cedillo and Benito Juvera v. United States

Patrick R. Cedillo and Benito Juvera v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided February 20, 1968 · Hamlin, Merrill, Ely
391 F.2d 607; 1968 U.S. App. LEXIS 8003 (Federal Reporter, Second Series)

Patrick R. Cedillo and Benito Juvera v. United States

Opinion

PER CURIAM:

Appellants were convicted under an indictment charging them with having unlawfully possessed an unregistered firearm, an offense proscribed by 26 U.S.C. § 5851. Prior to their trial, they moved that the indictment be dismissed. They based their motion upon the claim that enforcement of the cited statute would infringe upon their constitutional rights against required self-incrimination. It has now been established that their motion, denied by the District Court, should have been granted. Haynes v. United States, 390 U.S. 85, 88 Sup.Ct. 722, 19 L.Ed.2d 923 (1968).

Upon remand, the indictment will be dismissed.

Reversed.

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