Charles Eby, A/K/A Charles Cragg v. United States

Appellant seeks post-conviction relief under 28 U.S.C. § 2255 from a conviction entered on a plea of guilty to the charge of not paying the transfer tax on marijuana contrary to 26 U.S.C. § 4744(a) (1) and transporting and concealing marijuana in violation of 26 U.S.C. § 4744(a) (2). Appellant was initially placed on probation, but it was revoked and he was sentenced to prison in November 1965.

Appellant asserts that his constitutional- privilege against self-incrimination was violated. The claim was based initially on Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889;…