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UNITED STATES v. FINLEY

No. 63-69.

421 F.2d 172 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn Frederick FINLEY, Defendant-Appellant.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 11, 1970.

Attorney(s) appearing for the Case

James R. Richards, Denver, Colo. (James L. Treece, U. S. Atty., on the brief), for appellee.

Dale G. Yoakum, Denver, Colo., for appellant.

Before PHILLIPS, BREITENSTEIN and HICKEY, Circuit Judges.

PER CURIAM.

Defendant-appellant Finley was found guilty of transferring marihuana in violation of 26 U.S.C. § 4742(a). In reliance on Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, he argues that the timely assertion of privilege under the Fifth Amendment precludes conviction. Leary considered the conviction of a transferee under 26 U.S.C. § 4744(a) (2). The Supreme Court has held that the Leary decision...

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