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United States v. Goldberg

United States Court of Appeals, Fifth Circuit
May 7, 1970
426 F.2d 285 (5th Cir. 1970)

Opinion

No. 27013 Summary Calendar.

May 7, 1970.

Barry L. Taran, Miami, Fla., for appellant.

William A. Meadows, Jr., U.S. Atty., William A. Daniel, Jr., Asst. U.S. Atty., Miami, Fla., for appellee.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.


Pursuant to our Rule 18 we decide this case on the record, the brief of appellant and a statement by the United States of its position that the conviction should be set aside.

Appellant was convicted under Count 2 of the indictment of acquiring marijuana without having paid the transfer tax required by 26 U.S.C. § 4741 (a), in violation of 26 U.S.C. § 4744(a). The Fifth Amendment privilege against self-incrimination is a good defense to such a charge. Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969); United States v. Scardino, 414 F.2d 925 (5th Cir. 1969). Since appellant's conviction was not yet final at the time Leary was decided, Leary commands reversal of the conviction under Count 2 of the indictment. Thompson v. United States, 421 F.2d 174 [5th Cir., 1970]; United States v. Scardino, supra.

As to Count 2 we reverse. Because we are unable to determine from the record what disposition was made of the other counts of the indictment, we remand to the District Court for such further action as may be appropriate.


Summaries of

United States v. Goldberg

United States Court of Appeals, Fifth Circuit
May 7, 1970
426 F.2d 285 (5th Cir. 1970)
Case details for

United States v. Goldberg

Case Details

Full title:UNITED STATES of America, Plaintiff-Appellee, v. Robert GOLDBERG…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 7, 1970

Citations

426 F.2d 285 (5th Cir. 1970)

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