United States v. Eugene J. Hanon, United States of America v. Gloria Meyer, United States of America v. John L. Boveri

LAY and HEANEY, Circuit Judges

(dissenting).

This court holds today that the exercise of the privilege against self-incrimination, although no longer directly *109punishable under Marchetti-Grosso,1 is nevertheless subject to sanction.

Here the government used the defendants’ exercise of their Fifth Amendment privilege against self-incrimination as the sole 2 basis for obtaining evidence to convict them. When the evidence was used (post Marchetti-Grosso), a “sanction” was thus effected against users of the privilege. The privilege is too sancrosanct to be so easily eluded and abused.

An individual’s…