United States v. Michael S. Buie

J. JOSEPH SMITH, Circuit Judge:

The defendant, Michael S. Buie, was convicted after jury trial of selling marihuana without the mandatory written order form required by 26 U.S.C. § 4742(a). 1 He was sentenced for an in definite term not to exceed five years under the narcotics treatment and rehabilitation provisions of 18 U.S.C. § 4253 (a).

The main question presented is whether the Fifth Amendment privilege against self-incrimination can be invoked in a situation where the seller is convicted of selling marihuana in violation of section 4742(a). Since we are unable to distinguish this case…