United States v. Joseph J. Mastrianni

Second Circuit

United States v. Joseph J. Mastrianni

420 F.2d 483, 1969 U.S. App. LEXIS 9798

CourtCourt of Appeals for the Second Circuit

DecidedDecember 5, 1969

Docket33518_1

StatusPublished

This text of 420 F.2d 483 (United States v. Joseph J. Mastrianni) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

United States v. Joseph J. Mastrianni, 420 F.2d 483, 1969 U.S. App. LEXIS 9798 (2d Cir. 1969).

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Opinion

PER CURIAM:

Joseph Mastrianni was convicted on two counts of selling heroin hydrochloride not in pursuance of a written order form issued in blank by the Secretary of the Treasury or his delegate, such order form being required by 26 U.S.C. section 4705(a). The trial was before Judge Timbers and a jury, and appellant was sentenced to ten years imprisonment on each count, the terms to run concurrently; in addition, Mastrian-ni was fined $5,000.00 on the first count. The only issue presented on this appeal is whether the order form requirements *484 of 26 U.S.C. section 4705(a) compel disclosure of incriminating information in violation of the Fifth Amendment. This question, presented in almost identical terms, has been resolved against appellant’s position in this Circuit. United States v. Minor, 398 F.2d 511 (2d Cir. 1968), cert. granted 395 U.S. 932, 89 S.Ct. 2000, 23 L.Ed.2d 447 (1969). See also United States v. Matos, 409 F.2d 1245 (2d Cir. 1969); United States v. Morales, 406 F.2d 1135 (2d Cir. 1969); United States v. Oliveros, 398 F.2d 349 (2d Cir. 1968). We adhere to the reasoning of the Minor decision.

Affirmed.

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PER CURIAM:

Joseph Mastrianni was convicted on two counts of selling heroin hydrochloride not in pursuance of a written order form issued in blank by the Secretary of the Treasury or his delegate, such order form being required by 26 U.S.C. section 4705(a). The trial was before Judge Timbers and a jury, and appellant was sentenced to ten years imprisonment on each count, the terms to run concurrently; in addition, Mastrian-ni was fined $5,000.00 on the first count. The only issue presented on this appeal is whether the order form requirements *484 of 26 U.S.C. section 4705(a) compel disclosure of incriminating information in violation of the Fifth Amendment. This question, presented in almost identical terms, has been resolved against appellant’s position in this Circuit. United States v. Minor, 398 F.2d 511 (2d Cir. 1968), cert. granted 395 U.S. 932, 89 S.Ct. 2000, 23 L.Ed.2d 447 (1969). See also United States v. Matos, 409 F.2d 1245 (2d Cir. 1969); United States v. Morales, 406 F.2d 1135 (2d Cir. 1969); United States v. Oliveros, 398 F.2d 349 (2d Cir. 1968). We adhere to the reasoning of the Minor decision.

Affirmed.

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420 F.2d 483, 1969 U.S. App. LEXIS 9798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-joseph-j-mastrianni-ca2-1969.

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