BERNARD WILSON, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE

5th Cir. | 1969-03-17
No. 26074
Before RIVES, BELL and DYER, Circuit Judges.
409 F.2d 604 Court of Appeals for the Fifth Circuit (1969)
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The appellant's assertion of his Fifth Amendment privilege against self-incrimination is not a defense to a charge of possession of an unregistered distillery.


Facts & Procedural History

The appellant was charged with possession of an unregistered distillery under 26 U.S.C. 5601(a)(1). The sole issue on appeal is whether the Fifth Amen…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM:

PER CURIAM:

The sole issue presented on this appeal is whether the appellant’s assertion of his Fifth Amendment privilege against self-incrimination is a defense to a charge of possession of an unregistered distillery under 26 U.S.C. 5601(a) (1). That question has heretofore been answered by this Circuit in the negative.1

The motion is therefore granted

and the judgment of conviction is affirmed.

. See Thornburg v. United States, 406 F. 2d 1060 [Feb. 4, 1969] (distillery); Hall v. United States, 407 F. 2d 1320 [Jan. 30, 1969] (non-tax-paid whiskey); Grant v. United States, 407 F. 2d 56 [Jan. 30, 1969] (wholesaling without license of non-tax-paid whiskey); Shoffeit v. United States, 5 Cir. 1968, 403 F. 2d 991, cert. denied 393 U.S. 1084, 89 S.Ct. 868, 21 L.Ed.2d 777 Feb. 24, 1969 (No. 868) (whiskey containers); Anderson & Southern v. United States, 5 Cir. 1968, 403 F. 2d 206 (distillery, non-tax-paid whiskey, etc.); Brown v. United States, 5 Cir. 1968, 401 F. 2d 769 (containers).

. See Fifth Circuit new Rule 19 adopted on December 6, 1968; compare Groendyke Transport, Inc. v. Davis, 5 Cir. 1969, 406 F. 2d 1158 [Jan. 2, 1969].


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw