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LEARY v. UNITED STATES

No. 29419.

544 F.2d 1266 (1977)

Timothy LEARY, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 16, 1977.

Attorney(s) appearing for the Case

James A. McPherson, New Orleans, La., John G. Milano, Kent A. Russel, Jerry K. Cimmet, San Francisco, Cal., for Timothy Leary.

Edward B. McDonough Jr., U.S. Atty., James R. Gough, George A. Kelt, Jr., Asst. U.S. Attys., Houston, Tex., for the U.S.

Before AINSWORTH and CLARK, Circuit Judges, and HUGHES, District Judge.

Rehearing and Rehearing En Banc Denied February 16, 1977.

CLARK, Circuit Judge:

Dr. Timothy Leary appeals from his second conviction for importation of marihuana after an unsuccessful attempt to enter Mexico. He contends that his false declaration that he possessed no contraband upon reentry into the United States cannot be used to incriminate him because it violated his Fifth Amendment rights, that he did not transport the forbidden marihuana after failing...

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