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ESTRELLA-ORTEGA v. UNITED STATES

Nos. 23349, 23434.

423 F.2d 509 (1970)

Romeo ESTRELLA-ORTEGA, Appellant, v. UNITED STATES of America, Appellee. Alfredo ZAMORA-YESCAS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

February 26, 1970.

Attorney(s) appearing for the Case

William T. Healy, Tucson, Ariz., Manuel Garcia (argued), Tucson, Ariz., for appellant.

Rubin Salter, Jr. (argued), Jo Ann D. Diamos, Asst. U. S. Attys., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before BROWNING and HUFSTEDLER, Circuit Judges, and BYRNE, District Judge.

HUFSTEDLER, Circuit Judge:

Appellants appeal from their convictions for violating 26 U.S.C. § 4705(a). Each appellant contends that § 4705(a) is unconstitutional because it impairs his Fifth Amendment privilege against self-incrimination. Their attack on the constitutionality of 26 U.S.C. § 4705(a) is defeated by the Supreme Court's decision in Minor v. United States (1969) 396 U.S. 87, 90 S.Ct. 284, 24 L.Ed.2d 283,

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