Tyrone Delnore Houser v. United States

The sole question on this appeal is whether the rule of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L. Ed.2d 57, should be retroactively applied to the case of Tyrone Delnore Houser, the petitioner-appellant. On December 10, 1968, the appellant pleaded guilty to one count of a four count indictment charging him with knowingly transporting, concealing and facilitating the transportation and concealment of approximately four pounds of marijuana without having paid the transfer tax, in violation of Section 4744(a) (2), Title 26, United States Code. The other three counts of the…