Lafayette Wood v. United States

U.S. Court of Appeals for the Ninth Circuit
Lafayette Wood v. United States, 436 F.2d 589 (9th Cir. 1971)
1971 U.S. App. LEXIS 12466
Duniway, Ely, Per Curiam, Wright

Lafayette Wood v. United States

Opinion

PER CURIAM:

Wood, convicted of transferring marijuana without the required written order form (26 U.S.C. § 4742(a)), appeals the District Court’s denial of his motion to vacate sentence (28 U.S.C. § 2255).

Wood’s contention that 26 U.S.C. § 4742(a) violated his Fifth Amendment privilege against self-incrimination in light of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969), is without merit. The challenged statutory provision was upheld against an identical constitutional attack in Minor v. United States, 396 U.S. 87, 90 S.Ct. 284, 24 L.Ed.2d 283 (1969).

Affirmed.

Reference

Full Case Name
Lafayette WOOD, Appellant, v. UNITED STATES of America, Appellee
Status
Published