UNITED STATES OF AMERICA, APPELLEE,
v.
MANUEL GONZALES, APPELLANT
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The statute prohibiting smuggling marihuana does not violate the constitutional privilege against self-incrimination, nor does a conspiracy charge under it. Juror questions to a witness are not error.
Gonzales was convicted of conspiring to smuggle marihuana into the United States. He appeals, claiming the statute violates his privilege against self…
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PER CURIAM:
Gonzales was convicted by a jury for violation of 21 U.S.C. § 176a, conspiring to smuggle marihuana into the United States. Following sentence, he appeals.
Gonzales claims that § 176a violates his constitutional privilege against self-incrimination. No record was made below to support this claim.
Section 176a, in prohibiting smuggling marihuana into the United States, does not violate a defendant’s privilege against self-incriminaton. Witt v. United States, (9 Cir. 1969) 413 F. 2d 303; McClain v. United States, (9 Cir. 1969) 417 F. 2d 489; United States v. Scott, (9 Cir. 1970) 425 F. 2d 55; Plascencia-Plascencia v. United States, (9 Cir. 1970), 423 F. 2d 802; United States v. Simon, (9 Cir. 1970), 424 F. 2d 1049.
The same rule would apply to a charge of conspiracy to smuggle marihuana. There is no merit to the contention.
Gonzales next claims error where a juror submitted a question to the court and the court asked several questions of a witness. This was not error. Judgment affirmed.
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Coates v. State, 855 So. 2d 223 (Fla. 5th DCA 2003)
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United States v. Callahan, 588 F.2d 1078 (5th Cir. 1979)
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United States v. Sutton, 446 F.2d 916 (9th Cir. 1971)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States v. Scott, 425 F.2d 55 (9th Cir. 1970)
- Witt v. United States, 413 F.2d 303 (9th Cir. 1969)
- McCLAIN v. United States, 417 F.2d 489 (9th Cir. 1969)
- United States v. Simon, 424 F.2d 1049 (9th Cir. 1970)