Raymond Meadows v. United States

420 F.2d 795 Raymond MEADOWS, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee. No. 24756. United States Court of Appeals Ninth Circuit. December 23, 1969. James F. Hewitt (argued), San Francisco, Cal., for defendant-appellant. Jerrold Lader (argued), David H. Fox, Asst. U. S. Attys., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for plaintiff-appellee. Before MERRILL and WRIGHT, Circuit Judges, and BEEKS, * District Judge. EUGENE A. WRIGHT, Circuit Judge. 1 The question before us is whether the Supreme Court's decision in Haynes v. United States, 390 U.S. 85 , 88 S.Ct. 722 , 19 L.Ed.2d 923 (1968) is to be applied retroactively. We hold that it is. 2 In Haynes , decided January 20, 1968, the Court held that a plea of the privilege against self-incrimination guaranteed by the Fifth Amendment was a complete defense to a prosecution under 26 U.S.C. § 5851 for possession of a firearm not registered pursuant to 26 U.S.C. § 5841 . Appellant Raymond Meadows was indicted December 15, 1965, in the Northern District of California for violation of the identical statutory provisions involved in Haynes . He pleaded guilty on January 20, 1966, and was sentenced…