BERNARD WILSON, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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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.
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…
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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].
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Citator
Cited By
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United States v. Dryden, 423 F.2d 1175 (5th Cir. 1970)
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United States v. Whitehead, 424 F.2d 446 (6th Cir. 1970)
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Whatley v. United States, 428 F.2d 806 (5th Cir. 1970)
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Groendyke Transp., Inc. v. Davis, 406 F.2d 1158 (5th Cir. 1969)
- Ford Grant v. United States, 407 F.2d 56 (5th Cir. 1969)
- Brown v. United States, 401 F.2d 769 (5th Cir. 1968)
- Shoffeitt v. United States, 403 F.2d 991 (5th Cir. 1968)
- Loy Buford Hall v. United States, 407 F.2d 1320 (5th Cir. 1969)
- Porter Anderson and Preston M. Southern v. United States, 403 F.2d 206 (5th Cir. 1968)
- City of Highland Park v. Fiore et ux., 393 U.S. 1084 (U.S. 1969)
- Byczynski et ux. v. N.Y. Cent. Dev. Corp., 393 U.S. 1084 (U.S. 1969)
- Thornburg v. United States, 406 F.2d 1060 (5th Cir. 1969)