Edward Alfred Smedberg v. United States

DYER, Circuit Judge:

By § 2255 motion, Smedberg challenges the District Court’s judgment of conviction entered after he pled guilty to violating 26 U.S.C.A. § 4744(a)(2). Smedberg asserts that Leary v. United States, 1968, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, should be retrospectively applied and that he has not effectively waived his fifth amendment privilege. The District Court denied his petition. The application for leave to appeal in forma pauperis is granted, and we affirm.

In a Memorandum and Order of Dismissal, the District Court stated:

It might be well to say in passing that after…