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UNITED STATES v. MONTIJO

No. 7285.

424 F.2d 207 (1970)

UNITED STATES of America, Plaintiff, Appellee, v. Juan Rivera MONTIJO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 13, 1970.

Attorney(s) appearing for the Case

Sutton Keany, San Juan, P. R., by appointment of the Court, for appellant.

Philip Wilens, Atty., Dept. of Justice, with whom Francisco A. Gil, Jr., U. S. Atty., Will Wilson, Asst. Atty. Gen., and Thomas O'Leary, Atty., Dept. of Justice, were on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

McENTEE, Circuit Judge.

Defendant was convicted on two counts of receiving, concealing and facilitating the transportation of illegally imported narcotic drugs in violation of 21 U.S.C. §§ 171, 173 and 174 (1964). He now attacks his convictions on the grounds that (1) § 174 infringes the privilege against self-incrimination and (2) the grand jury testimony of a key government witness was unavailable for impeachment purposes because grand jury proceedings...

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