PATRICK R. CEDILLO AND BENITO JUVERA, APPELLANTS,
v.
UNITED STATES OF AMERICA, APPELLEE
PATRICK R. CEDILLO AND BENITO JUVERA, APPELLANTS,
UNITED STATES OF AMERICA, APPELLEE
391 F.2d 607
United States Court of Appeals for the Ninth Circuit (1968)
Positive Treatment
Cited by 2 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
DePUGH v. United States, 401 F.2d 346 (8th Cir. 1968)
Authorities Cited
- Haynes v. United States, 390 U.S. 85 (U.S. 1968)