United States v. James S. Reiff

HASTINGS, Senior Circuit Judge.

Defendant was charged in an information with a violation of Title 21, U.S.C.A. § 331(q)(4) for failure to keep a complete and accurate record of and with respect to certain depressant and stimulant drugs. 1 He was represented at all times by competent privately employed counsel. He properly waived his right to trial by jury.

Prior to trial, pursuant to Rule 12(b) (1), Federal Rules of Criminal Procedure, Title 18 U.S.C.A., defendant moved to dismiss the action upon the general ground that his prosecution under section 331(q)(4) was a denial of his Fifth Amendment…