Public-domain · open source
OpenJurist

421 F.2d 1390

Docket No. 26022.

Wallace v. United States

Fifth Circuit Court of Appeals

Decided January 1, 1970

Fifth Circuit Court of Appeals · decided 1970

Cited by 1 later decisions — most recently January 1970

1 federal appellate ·

2 counsel of record

Relies on Minor v. United States · United States v. Grayson

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970

View the full empirical analysis of this case →

¶1*1391Bertram B. Wallace, pro se.

¶2William A. Meadows, Jr., U. S. Atty., Aaron A. Foosaner, Asst. U. S. Atty., Miami, Fla., for appellee.

¶3Before DYER and SIMPSON, Circuit Judges, and CABOT, District Judge.

¶4PER CURIAM:

¶5Appellant received two five year consecutive sentences after having been found guilty of violating Title 26, U.S.C.,' Secs. 4704(a) and 4705(a). This case has been held in abeyance awaiting decision by the Supreme Court of the Minor case cited below. That Court determined in Minor v. United States, 396 U.S. 87, 90 S.Ct. 284, 24 L.Ed.2d 283 (decided December 8, 1969), that the statutory obligation to sell only in pursuance of an official order form did not violate the privilege against self-incrimination · Case Law">Fifth Amendment privilege against self-incrimination.

¶6The petitioner’s only other contention is that he was denied due process because there was a four month delay between the commission of the crime and the time of arrest. The contention is without merit. United States v. Grayson, 5 Cir. 1969, 416 F.2d 1073. Accordingly the denial of the petitioner’s petition for habeas corpus is affirmed.

/421/f2d/1390 · .json · Public domain