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LUCIA v. UNITED STATES

No. 30342.

447 F.2d 912 (1971)

Joseph P. LUCIA, Plaintiff-Appellant, v. UNITED STATES of America et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1971.

Attorney(s) appearing for the Case

Charles Alan Wright, Austin, Tex., John G. Heard, Harry M. Reasoner, Thomas P. Marinis, Jr., Donald F. Wood, Vinson, Elkins, Searls & Connally, Houston, Tex., W. Dean Hester, Heath, Davis & McCalla, Austin, Tex., for plaintiff-appellant.

Meyer Rothwacks, John M. Dowd, Joseph M. Howard, and John P. Burke, Johnnie M. Walters, Asst. Atty. Gen., Lee A. Jackson, Attys., Tax Div., U. S. Dept. of Justice, Washington, D. C., Seagal V. Wheatley, U. S. Atty., Hugh P. Shovlin, Asst. U. S. Atty., San Antonio, Tex., for defendants-appellees.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

SIMPSON, Circuit Judge:

Joseph P. Lucia, having successfully invoked his Fifth Amendment privilege against self-incrimination, as applied in Marchetti v. United States, 1968, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889, and Grosso v. United States, 1968, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906, to nullify his convictions for violations of the federal wagering excise tax laws, now seeks extension of that...

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