Lafayette Wood v. United States

Ninth Circuit

Lafayette Wood v. United States

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

Procedural entryThis page is a short order in Lafayette Wood v. United States. Read the opinion of the Court — 405 F.2d 423 →

Court of Appeals for the Ninth Circuit·Decided January 8, 1971·No. 25239·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.

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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.

Lafayette Wood v. United States, 436 F.2d 589, 1971 U.S. App. LEXIS 12466 (9th Cir. 1971).

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Opinion

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