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

Lafayette Wood v. United States

Lafayette Wood v. United States
U.S. Court of Appeals for the Ninth Circuit · Decided January 8, 1971 · Duniway, Ely, Per Curiam, Wright
436 F.2d 589; 1971 U.S. App. LEXIS 12466 (Federal Reporter, Second Series)

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.

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