McCutcheon pled guilty to that count. As this Court held in Ochoa v. United States, 5 Cir. 1972, 469 F.2d 86, a plea of guilty does not raise the problem of the unconstitutional presumption because a guilty plea is obtained without the aid of the impermissible presumption. Accord, Yohey v. United States, 5 Cir. 1970, 429 F.2d 1279.

Therefore, Leary, supra, is patently inapplicable. Mejia v. United States, supra; Ochoa v. United States, 5 Cir., 469 F.2d 86. The appellant's guilty plea under these circumstances must be distinguished from those in cases such as Ex parte Taylor, Tex.Cr.App., 484 S.W.2d 748, and United States v. Liguori, 2 Cir., 430 F.2d 842, wherein a defendant's timely assertion of the Fifth Amendment right against self-incrimination would have been a complete bar to prosecution under 26 U.S.C. § 4744(a).