Patrick R. Cedillo and Benito Juvera v. United States

391 F.2d 607, 1968 U.S. App. LEXIS 8003

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 20, 1968
• Docket: 21137
• Status: Published

Opinion

PER CURIAM:

Appellants were convicted under an indictment charging them with having unlawfully possessed an unregistered firearm, an offense proscribed by 26 U.S.C. § 5851. Prior to their trial, they moved that the indictment be dismissed. They based their motion upon the claim that enforcement of the cited statute would infringe upon their constitutional rights against required self-incrimination. It has now been established that their motion, denied by the District Court, should have been granted. Haynes v. United States, 390 U.S. 85, 88 Sup.Ct. 722, 19 L.Ed.2d 923 (1968).

Upon remand, the indictment will be dismissed.

Reversed.