Charles Benton Russell v. United States

Charles Benton Russell appeals from an .order denying a motion, made under 28 U.S.C. § 2255 , to vacate a three-year sentence imposed by a court of the United States. The sentence in question was entered following Russell’s conviction, on a plea of guilty, of possessing firearms which he had unlawfully, wilfully and knowingly failed to register with the Collector of Internal Revenue. It was stated in the information charging the offense that this constituted a violation of 26 U.S.C. § 5851 .

In his section 2255 motion Russell asserted that the conviction was actually obtained under 26 U.S.C. § 5841 , and that this statute is unconstitutional because compliance therewith compels self-incrimination in contravention of the Fifth Amendment.

The district court denied the motion on two grounds, namely: (1) the court was not shown to have jurisdiction under section 2255 because Russell did not allege that he had completed the service of two other consecutive three-year sentences imposed at the same time in other proceedings; and (2) the statute under which the challenged conviction was obtained does not unconstitutionally compel self-incrimination. On this appeal Russell questions both…