TaiLexi AI U.S. Case Law

George Willard Shaffer v. United States

George Willard SHAFFER, Appellant, v. UNITED STATES of America, Appellee

Shaffer v. United States, 435 F.2d 168 (9th Cir. 1970)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
December 4, 1970
Docket
No. 25237_1
Judges
Barnes, Koelsch, Hufstedler
Citations
435 F.2d 168

Opinion — Per Curiam

PER CURIAM:

On June 28, 1965, Shaffer entered a plea of guilty to a charge of acquiring marihuana without paying the transfer tax, in violation of 26 U.S.C. § 4744 (a). Thereafter, he commenced this proceeding under 28 U.S.C. § 2255 , to vacate the judgment of conviction. The keystone of his contention was and is that “the incriminatory portion of § 4744(a) was declared unconstitutional in Leary * * Leary v. United States, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 (1969). The district court denied relief and Shaffer has appealed. We affirm.

Shaffer apparently recognizes that the Supreme Court did not in Leary strike down the marihuana tax statute [ 26 USC § 4741 (a)] as unconstitutional on its face, but he fails to realize that, having entered a plea of guilty to a charge of violating the statute, he cannot now assert that the statute was unconstitutional as applied to him. A fortiori, where as here, his plea was counseled. See Brady v. United States, 397 U.S. 742 , 90 S.Ct. 1463 , 25 L.Ed.2d 747 (1970).

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1971: 11972: 11990: 119712026peak 1971 · 1

Relies on it most ⓘ

  1. Alaway v. United States329 F. Supp. 78 (C.D. Cal. 1971)
  2. State v. Crocker789 P.2d 186 (Ariz. Ct. App. 1990)
  3. Carrion v. United States350 F. Supp. 102 (C.D. Cal. 1972)

Most recent

  1. State v. Crocker789 P.2d 186 (Ariz. Ct. App. 1990)
  2. Carrion v. United States350 F. Supp. 102 (C.D. Cal. 1972)
  3. Alaway v. United States329 F. Supp. 78 (C.D. Cal. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Leary v. United States, 395 U.S. 6 (1969) 1,365
Brady v. United States, 397 U.S. 742 (1970) 5,834

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list