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HARRINGTON v. UNITED STATES

No. 29481 Summary Calendar.

444 F.2d 1190 (1971)

Robert HARRINGTON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 8, 1971.

Attorney(s) appearing for the Case

Robert Harrington, pro se.

William A. Daniel, Jr., Robert W. Rust, U. S. Attys., Miami, Fla., Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for respondent-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

In Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, the Supreme Court held, inter alia, that the privilege against self-incrimination is a complete defense to a prosecution under 26 U.S.C.A. § 4744(a), the Marihuana Tax Act provision which requires payment of the tax upon acquisition of marihuana. This appeal presents the question whether that ruling shall have retrospective application...

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