Lafayette Wood v. United States

436 F.2d 589, 1971 U.S. App. LEXIS 12466

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 8, 1971
• Docket: 25239
• Status: Published

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.