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TAYLOR v. UNITED STATES

No. 7711.

333 F.2d 721 (1964)

James R. TAYLOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

June 24, 1964.

Attorney(s) appearing for the Case

Harry Merson, Oklahoma City, Okl., for appellant.

Benjamin E. Franklin, Asst. U. S. Atty., Topeka, Kan. (Newell A. George, U. S. Atty., and Thomas E. Joyce, Asst. U. S. Atty., Kansas City, Kan., on the brief), for appellee.

Before PHILLIPS and SETH, Circuit Judges and ARRAJ, District Judge.

ARRAJ, District Judge.

Appellant contests the denial of his motion under 28 U.S.C. § 2255 to vacate the sentence imposed following his plea of guilty to violations of 26 U.S.C. § 5821 and 26 U.S.C. § 5851. He argued below, relying on Russell v. United States, 306 F.2d 402 (9th Cir. 1962) that compliance with the two statutes would compel him to incriminate himself in violation of the Fifth Amendment. Counsel appointed...

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