U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Manuel Gonzales

U.S. Court of Appeals for the Ninth Circuit · Decided April 16, 1970 · Carter, Wright, Kil-Kenny

424 F.2d 1055; 1970 U.S. App. LEXIS 9751 (Federal Reporter, Second Series)

Counsel

William N. Fielden, La Jolla, Cal., for appellant., Harry D. Steward, U. S. Atty., San Diego, Cal., for appellee.

Cases that cite this one

23 later published cases cite this decision.

Medina v. People (Colo. 2005)
State v. Culkin (Haw. 2001)
United States v. Julio Hernandez (3d Cir. 1999)
United States v. Ross Huebner, United States of America v. John Williams (9th Cir. 1994)
Morrison v. State (Tex. Crim. App. 1992)
Allen v. State (Tex. App. 1991)
State v. Zima (Neb. 1991)
Yeager v. Greene (D.C. 1985)
Rogers v. Wong (United States District Court for the Eastern District of California 2009)
United States v. Rawlings (D.C. Cir. 2008)
Landt v. State (Alaska Ct. App. 2004)
State v. Fisher (Ohio 2003)
Coates v. State (Fla. Dist. Ct. App. 2003)
United States v. Hernandez (3d Cir. 1999)
United States v. Herbert Marvin Feinberg (7th Cir. 1996)
United States v. Gary Bush (2d Cir. 1995)
State v. Graves (Mont. 1995)
United States v. Ross Huebner, United States of America v. John Williams (9th Cir. 1994)
State v. Hays (Kan. 1994)
United States v. Arthur Sutton (1st Cir. 1992)
United States v. Dan Callahan (5th Cir. 1979)
Wallace Dean Cline v. United States (5th Cir. 1972)
United States v. Paul David Sutton, Jr. (9th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Gonzales was convicted by a jury for violation of 21 U.S.C. § 176a, conspiring to smuggle marihuana into the United States. Following sentence, he appeals.

Gonzales claims that § 176a violates his constitutional privilege against self-incrimination. No record was made below to support this claim.

Section 176a, in prohibiting smuggling marihuana into the United States, does not violate a defendant’s privilege against self-incriminaton. Witt v. United States, (9 Cir. 1969) 413 F.2d 303; McClain v. United States, (9 Cir. 1969) 417 F.2d 489; United States v. Scott, (9 Cir. 1970) 425 F.2d 55; Plascencia-Plascencia v. United States, (9 Cir. 1970), 423 F.2d 802; United States v. Simon, (9 Cir. 1970), 424 F.2d 1049.

The same rule would apply to a charge of conspiracy to smuggle marihuana. There is no merit to the contention.

Gonzales next claims error where a juror submitted a question to the court and the court asked several questions of a witness. This was not error.

Judgment affirmed.

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