United States v. Manuel Gonzales
UNITED STATES of America, Appellee, v. Manuel GONZALES, Appellant
Opinion
PER CURIAM:
Gonzales was convicted by a jury for violation of 21 U.S.C. § 176a, conspiring to smuggle marihuana into the United States. Following sentence, he appeals.
Gonzales claims that § 176a violates his constitutional privilege against self-incrimination. No record was made below to support this claim.
Section 176a, in prohibiting smuggling marihuana into the United States, does not violate a defendant’s privilege against self-incriminaton. Witt v. United States, (9 Cir. 1969) 413 F.2d 303 ; McClain v. United States, (9 Cir. 1969) 417 F.2d 489 ; United States v. Scott, (9 Cir. 1970) 425 F.2d 55 ; Plascencia-Plascencia v. United States, (9 Cir. 1970), 423 F.2d 802 ; United States v. Simon, (9 Cir. 1970), 424 F.2d 1049 .
The same rule would apply to a charge of conspiracy to smuggle marihuana. There is no merit to the contention.
Gonzales next claims error where a juror submitted a question to the court and the court asked several questions of a witness. This was not error.
Judgment affirmed.
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